1 


UNIVERSITY 

OF  CALIFORNIA 

LOS  ANGELES 


SCHOOL  OF  LAW 
LIBRARY 


...  ii 


THE 


Common  School  Laws 


OF 


PENNSYLVANIA, 


A  N  I  > 


DECISIONS  OF  THE  SUPERINTENDENT 


WITH 


EXPLANATIONS,  FORMS,  &c. 


Revised  and  Arranged  by  N.  C.  Schaefker, 
Superintendent  of  Public  Instruction. 


CLARENCE  M.  BUSCH, 

STATE  PRINTER  OF  PENNSYLVANIA. 

1896. 


CONSTITUTION  OF   1873. 


ARTICLE  X. 
Education. 

Section  1.  The  General  Assembly  shall  provide  for  the 
maintenance  and  support  of  a  thorough  and  efficient 
system  of  public  schools,  wherein  all  the  children  of  this 
Commonwealth  above  the  age  of  six  years  may  be  edu- 
cated, and  shall  appropriate  at  least  one  million  dollars 
each  year  for  that  purpose. 

Section  2.  No  money  raised  for  the  support  of  the  pub- 
lic schools  of  the  Commonwealth  shall  be  appropriated 
to,  or  used  for  the  support  of  any  sectarian  school. 

Section  3.  Women  twenty-one  years  of  age  and  up- 
wards, shall  be  eligible  to  any  office  of  control  or  man- 
agement under  the  school  laws  of  this  State. 


CONTENTS. 


DISTRICTS.  Page. 

Consolidated    districts,     2 

Independent  districts 4 

Changes    in    districts,     9 

Powers  and  liabilities  of  districts 29 

DIRECTORS   AND    CONTROLLERS. 

Election    and   appointment   of   directors   and   con- 
trollers,          33 

Organization   of  the   board 51 

Duties    of    officers,    53 

Meetings   of   the    board 62 

Powers  and  duties  of  directors  and  controllers,...  67 

REVENUES   FOR   SCHOOL  PURPOSES. 

Fines,       162 

State   appropriation 162 

Assessment  of  taxes,    ' 164 

Duties   of   auditors,    194 

Cities  of  the  third  class 1  "■» 

SUPERINTENDENTS   OF   SCHOOLS. 

State    Superintendent 211 

County    superintendents, 217 

City,  borough  and  township  superintendents, 262 

STATE    NORMAL    SCHOOLS 266 

COLLEGES   AND  ACADEMIES 298 


vi  CONTENTS. 

Page. 
DISTRICT    SCHOOL   LIBRARIES,    313 

MISCELLANEOUS    PROVISIONS. 

Homes   for   friendless   children 323 

Evening  schools,    328 

Powers  of  boards  in  sub-districts  in  cities  of  sec- 
ond class,    333 

Industrial    schools,    334 

APPENDIX. 

Rules  of  order  for  conducting  the  proceedings  of 

boards    of    directors 337 

Common  school  forms 341 


COMMON  SCHOOL  LAWS. 


DISTRICTS. 

I.  That  a  system  of  Common  School 
Education  be  and  the  same  is  hereby 
deemed  held  and  taken  to  be  adopted, 
according  to  the  provisions  of  this  act, 
in  all  the  counties  of  this  Commonwealth; 

and  every  township,  borough  and  city  of   Every  township, 

, ,  .       _,  ,.-.  t- •    i-       1-11     i  „     borough  and  city 

this    Commonwealth,    or    which    shall    be    a  scnosol  district, 
hereafter  erected,  shall  constitute  and  be 
a  school  district,  subject  to  the  provisions 
of  this  act  (a). 

II.  That  all  boroughs  and  townships 
now  connected  in  the  assessment  of  coun- 
ty rates  and  levies,  shall  hereafter  be  sep- 
arate and  independent  of  each  other  in 
the  assessment  of  said  rates  and  levies, 
and  for  school  purposes;  and  the  respec- 
tive townships  and  boroughs  so  separated 

shall  elect  their  own  assessors  and  other   „.   „  .    . 

Shall  elect  asses- 
officers,  whose  duty  it  shall  be  to  exercise    sors. 

the    same    powers    and    authority    as    are 

now  exercised  by  township  assessors  gen-. 

erally,  in  the  discharge  of  their  duties  in 

relation  to  the  assessment  of  county  rates 

and  levies  (b). 

(a)  Act  May  8,  1854,  sec.  1,  P.  L.  p.  617. 

(b)  Act  May  8,  1855.  sec.  10,  P.  L.  p.  511. 

1 


SCHOOL  LAWS  AND  DECISIONS 


School  districts 
divided  Into 
wards. 


Powers  to  be  ex- 
ercised by  con- 
trollers. 


When  such  dis- 
tricts to  be  con- 
solidated. 


CONSOLIDATED   DISTRICTS. 
III.  That  school  districts  which  are  com- 
posed of  cities  or  boroughs,  divided  into 
wards  for  school  purposes  at  the  time  of 
the  passage  of  this  act,  shall  he  consti- 
tuted as  follows,  to  wit:    Each  ward  shall 
retain  its  school  property,  both  real  and 
personal,    and   elect   a   separate   board    of 
directors,  who  shall  exercise  in  their  re- 
spective limits  all  the  powers  and  duties 
of  school  directors,  as  regards  the  erection 
or  repairing  of  school  houses  and  lots;  and 
shall   also   levy,   assess,   collect,  and   dis- 
burse in  and  upon  their  respective  wards 
all  taxes  rendered  necessary  to  the  proper 
exercise    of  the    foregoing    powers;     but 
all  other  powers  and  duties  pertaining  to 
the  school  directors,  which  are  conferred  or 
enjoined   by   this  act,   shall   be   exercised 
in  such  city  or  borough  by  a  board  of  con- 
trollers, composed  of  the  directors  of  the 
several    wards,    who   are    hereby   author- 
ized and  required  to  perform  all  the  du- 
ties  belonging   to   boards  of  directors   in 
single  districts,   with   the   exception   con- 
tained   in    this    section:     Provided,    That 
whenever  all  the  boards  of  directors,  in 
any  such  city  or  borough,  shall  voluntarily 
execute  deeds  of  conveyance  to  the  board 
of  controllers  for  all  the  school  property 
belonging  to  their  respective  wards,  and 


OF  PENNSYLVANIA. 


shall  certify  the  same  to  the  Superinten- 
dent of  Common  Schools,  then  and  in  that 
case,  such  city  or  borough  shall  there- 
after compose  a  single  school  district,  in 
the  same  manner  as  districts  not  divided 
into  wards;  but  the  number  of  directors 
thereafter  elected  in  such  city  or  borougli 
shall  be  three  for  each  ward  (c). 

IV.  That  the  act  approved  May  four- 
teen, one  thousand  eight  hundred  and  sev- 
enty-four, entitled  "An  act  to  prescribe 
the  manner  in  which  the  courts  may  di- 
vide boroughs  into  wards,"  be  amended 
and  extended  as  follows:  Amend  and  ex- 
tend section  four,  which  reads  as  fol- 
lows: "That  when  said  report  shall  have  Terms  of  those 
been  confirmed  by  the  court,  it  shall,  at  elected- 
the  same  time,  decree  the  election  of  an 
equal  number  of  councilmen  and  school 
directors  in  each  of  the  wards,  in  such 
a  manner,  however,  as  not  to  interfere 
with  the  terms  of  those  heretofore  elect- 
ed," be  amended  and  extended  to  read  as 

Courts  may  m- 

follows:       That   when   said   report   shall   crease  number  of 

,  ,  directors  to  three 

have  been  confirmed  by  the  court,  it  shall    for  each  ward. 
at  the  same  time  decree  the  election  of  an 
equal   number  of  councilmen  and  school 
directors  in  each  of  the  wards,  in  such  a 
maaner  as  not  to  interfere  with  the  terms 


(c)  Act  May  8,  1854,  sec.  2,  P.  L.  p.  617. 


4  SCHOOL  LAWS  AND  DECISIONS 

of  those  heretofore  elected.  And  the 
said  court  may,  after  having  once  fixed 
the  number  of  councilmen  and  school 
directors,  increase  the  same,  on  pe- 
tition of  citizens  of  any  such  borough, 
to  any  number  not  exceeding  three  for 
each  ward,  and  at  the  next  succeeding 
municipal  election  thereafter  the  num- 
ber of  councilmen  and  school  direc- 
tors, as  aforesaid  fixed  shall  be  elected 
as  is  provided  for  by  existing  laws  (d). 

1.  Other  acts  pertaining  to  this  subject 
will  be  found  as  follows:  Act  May  14, 
1874,  page  159,  and  its  supplements  of 
February  17,  1876,  page  6;  March  24,  1877, 
page  47;  May  10,  1878,  page  51;  February 
16,  1883,  page  5;  May  24,  1887,  page  204, 
and  May  28,  1887,  page  274. 

INDEPENDENT  DISTRICTS. 
V.  That  upon  petition  of  not  less  than 

How  independent 

districts  may  be  twenty  taxable  inhabitants  of  any  town- 
ship or  townships,  desiring  the  formation 
of  the  territory  upon  which  they  reside 
into  a  separate  and  independent  common- 
school    district,     and      setting    forth    the 


(d)  Act  May  13,  1889,  sec.  1,  P.  L.  p.  193. 


OF  PENNSYLVANIA.  5 

bounds  of  such  proposed  distri  t,  the  court 
of  quarter  sessions  of  the  proper  county 
shall  appoint  commissioners  to  view  the 
premises  and  report  to  the  court,  at  its 
next  term,  the  lines  of  the  proposed  new 
district,   either   according  to   the   bounds   gowmd^endent 
set  forth  in  the  petition,  or  to  such  other   formed, 
bounds  as  they  shall  think  more  advis- 
able, together  with  their  opinion  on  the 
expediency  of  establishing  or  not  estab- 
lishing the   same;   the  proceedings  upon 
which   petition,    commission   and   report, 
and   the   final    disposition   thereof,   shall, 
in  all  other  respects,  be  according  to  the 
act  of  Assembly  now  in  force,  relative  to 
the  erection  of  new  townships;  Provided, 
That  if  said  proceedings  result  in  the  es- 
tablishment of  a  new  common  school  dis- 
trict the  cost  of  the  commission  and  the 
office  fees  shall  be  paid  by  said  new  dis- 
trict; but  if  otherwise,  said  costs  and  fees 
shall   be   paid   by   the   petitioners   them- 
selves (e). 

VI.  That  whenever  a  new  district  shall 
be  erected,  according  to  the  provisions  of 
this  act,  it  shall  become,  to  all  intents  and 
purposes  of  the  common  school  system  of 
the  State,  a  separate  and  independent  dis- 

(e)  Act  May  8,  1855,  sec.  5,  P.  L.  p.  509. 


SCHOOL  LAWS  AND  DECISIONS 


When  district  be- 
comes independ- 
ent. 


Powers  of  new 
board. 


trict,  subject,  however,  to  the  provisions 
of  the  third  section  (No.  VII)  of  the  act 
to  which  this  is  a  supplement  (f). 

VII.  That  when  a  new  district  shall 
hereafter  be  formed,  such  district  shall 
not  be  considered  and  recognized  as  a  sep- 
arate and  independent  school  district  un- 
til after  the  termination  of  the  current 
school  year  in  which  it  became  a  new 
district,  and  until  it  have  a  full  board  of 
directors  regularly  elected  or  appointed, 
and  organized,  except  that  the  directors 
thereof  shall  have  authority  to  levy,  as- 
sess and  collect  tax,  procure  school  houses 
and  do  all  other  acts  necessary  to  the 
commencement  of  the  schools  for  the  en- 
suing year  (g). 

2.  Directors  in  office  when  changes  of 
districts  or  district  lines  are  effected,  are 
to  continue  to  act  as  directors  of  the  old 
district  till  the  end  of  the  then  current 
year  of  their  term  of  office.  If,  how- 
ever, a  director  residing  in  a  part  of  an 
old  district  which  has  been  struck  off  into 
a  new  or  another  district,  be  elected  di- 
rector of  such  new  or  other  district,  he 


(f)  Act  May  8,  1855,  sec.  6.  P.  L.  p.  510. 

(g)  Act  May  8,  1854,  sec.  8,  P.  L.  p.  617. 


OF  PENNSYLVANIA. 

should  resign  his  place  in  the  old  board 
and  not  act  in  both. 

3.  The  board  of  a  new  district  may  do 
every  official  act,  during  the  year  next  be- 
fore that  in  which  it  goes  into  separate  and 
independent  operation,  necessary  to  the 
putting  of  the  schools  into  full  working 
order,  except  that  of  actual  opening  them 
for  instruction.  All  taxes  levied  and  con- 
tracts made  for  these  purposes  are  as 
binding  as  if  levied  and  made  by  an  old 
district. 

VIII.  That  the  true  intent  and  meaning 
of  the  provisions  of  the  supplement  to  the 
general  school  law,  approved  the  eighth 
day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-five,  for  the  crea- 
tion of  independent  school  districts,  was 
and  is  to  provide,  in  a  guarded  manner, 
for  exceptions  to  the  general  rule,  and  to 
protect  and  promote  the  educational  wel- 
fare of  occasional  localities  that,  from  nat- 
ural or  other  adequate  obstacles,  could 
not  be  properly  provided  for  under  the  or- 
ganization of  township  districts;  and  fur- 
ther, it  was  not  the  intention  to  cut 
up  townships  into  single  school  dis- 
tricts, nor  to  carve  out  the  wealthier 
from  the  poorer  portions  of  a  township  or 


SCHOOL  LAWS  AND  DECISIONS 


Court  may  annul 
decree  erecting 
independent  dis- 
trict. 


When  independ- 
ent districts  may 
be  abolished. 


townships,  to  the  prejudice  of  the  rights 
and  interests  of  the  latter:  And  it  is  fur- 
ther enacted,  That  when  an  independent 
district  has  been  created  in  violation  of 
these  principles,  the  court  of  quarter  ses- 
sions of  the  proper  county  is  hereby  au- 
thorized and  required,  upon  application  of 
not  less  than  twenty  citizens  of  the  town- 
ship or  borough  affected  thereby,  to  open 
the  decree  of  the  court  by  which  it  was 
created,  and  after  re-examination  upon 
the  merits,  confirm  or  annul  such  district, 
as  the  evidence  may  require;  and  here- 
after no  independent  district  shall  be  cre- 
ated, in  any  case,  without  the  unanimous 
concurrence  of  the  court  (h). 

4.  The  rights,  powers  and  duties  of 
every  independent  district,  legally  estab- 
lished and  in  operation,  are  similar  in  all 
respects  to  those  of  a  regular  district  com- 
posed of  a  township  or  borough. 

IX.  That  in  all  cases  where  an  inde- 
pendent school  district  has  been  created 
or  continued  by  any  of  the  courts  of  com- 
mon pleas  of  this  Commonwealth,  it  shall 
be  lawful  for  said  courts,  upon  the  appli- 
cation of  one-third  of  the  taxable  citizens 
of  any  school  district,  out  of  which  any 


(h)  Act  May  20,  1857,  sec.  1,  P.  L.  p.  587. 


OF  PENNSYLVANIA. 

independent  district  may  be  erected,  by 
petition,  setting  forth  that  they  desire  the 
abolition  of  any  district,  to  hear  and  de- 
termine the  application  upon  its  merits, 
and  if  deemed  expedient,  the  said  court 
shall  discontinue  the  said  district  (i). 

5.  The  number  of  petitioners  to  abolish 
an  independent  district  must  be  fully  one- 
third  of  the  resident  taxable  citizens  of 
the  whole  old  district  or  districts,  in- 
cluding itself,  out  of  which  the  district 
sought  to  be  abolished  was  taken,  and  not 
merely  one-third  of  those  residing  within 
its  own  bounds. 


district  takes 
effect. 


CHANGES  TN  DISTRICTS. 

X.  That  when   a  portion  of  a  common 
school   district  is  detached  therefrom,  by    when  alteration 

or  abolition  of 

the  alteration  of  township  or  borough 
lines,  or  when  an  independent  school  dis- 
trict is  abolished,  such  alteration  or  aboli- 
tion shall  not  take  effect  for  school  pur- 
poses, till  the  commencement  of  the  schoo] 
year  next  after  the  end  of  that  in  which 
it  shall  have  been  decreed  and  confirmed, 
and  the  directors  in  the  detached  portion, 
or  in  the  abolished  district,  as  the  case  may 


(i)  Act  May  20,  1857,  sec.  1,  P.  L.  p.  5S8. 


10 


SCHOOL  LAWS  AND  DECISIONS 


Uow  property  to 
be  divided  on 
1'ormation  of  new 
district. 


be,  shall  continue  to  exercise  their  office 
till  the  end  of  the  year  in  which  said  al- 
teration  or   abolition   occurred   (k). 

XI.  When  a  new  school  district  is  form- 
ed, the  court  establishing  the  same  shall 
determine,  on  hearing,  whether  an  undue 
proportion  of  the  real  estate  and  school 
houses  belonging  to  the  old  district  or 
districts,  are  within  the  bounds  of  the 
new  districts,  and  if  so,  how  much  money 
shall  be  paid  therefor  by  the  new  to  the 
old  district  or  districts;  and  if  any  money 
be  on  hand,  or  debt  unpaid,  or  any  tax 
or  other  claims  be  uncollected  after  the 
settlement  of  all  accounts  of  the  current 
year,  the  proper  court  shall  divide  said 
money  or  debt  amongst  the  districts  in 
such  proportions,  and  shall  make  such 
order  as  to  uncollected  tax  or  other  claims 
as  shall  be  just;  and  any  sum  thus  decreed 
to  be  due  by  any  district,  to  any  district 
or  individual  shall  be  entered  in  the  na- 
ture of  a  judgment  against  the  same,  and 
shall  be  subject  to  execution  in  the  man- 
ner prescribed  by  the  twenty-first  section 
of  the  general  common  school  law,  of  the 
eighth  of  May,  one  thousand  eight  hun- 
dred and  fifty-four  (1). 


(k)  Ant  April  11. 1362,  sec.  10,  P.  L.  p.  47  5. 
(1)  Act  April  11,  1862,  sec.  11,  P.  L.  p.  474. 


OF  PENNSYLVANIA. 


11 


Court  to  appoint 
auditor. 


XII.  That,  whenever  proceedings  shall 
have  been  or  shall  hereafter  be  com- 
menced in  any  court  of  this  Common- 
wealth for  the  purpose  of  changing  the 
limits  of  any  borough,  by  annexing  there- 
to any  adjacent  tracts  of  land,  or  detach- 
ing therefrom  any  territory  included 
therein,  and  the  same  shall  have  been  ap- 
proved by  the  grand  jury  to  which  the 
application  shall  have  been  submitted,  it 
shall  be  the  duty  of  said  court,  before  en- 
tering the  decree  confirming  the  same, 
to  appoint  an  auditor,  who  shall  ascertain 
the  existing  liabilities  of  the  several  bor-   Auditor  to  ascer- 

,  ,        ,     ,.    ,    .    .         tain  liabilities  of 

OUghS,    townships       and       School    districts,    districts  inter- 

which  may  ue  affected  by  the  said  change 
of  limits,  the  amount  and  value  of  the 
property  owned  by  each,  and  the  amount 
and  value  of  the  property  passing  to  or 
from  each  borough,  township  or  school 
district,  and  the  assessed  valuation  of  all 
property  liable  to  taxation  for  borough, 
township  or  school  purposes,  as  shown  by 
the  last  anuual  assessment  in  each  of  said 
boroughs,  townships  and  school  districts, 
and  within  the  limits  of  the  part  annexed 
to  or  detached  from  said  borough,  and 
shall  report  the  same  to  said  court,  with 
the  form  of  a  decree  adjusting  the  liabili- 
ties  for   all    indebtedness   and   the   value 


12  SCHOOL  LAWS  AND  DECISIONS 

of  property  held  or  acquired  by  each  just- 
ly and  equitably  upon  said  borough,  town- 
ship and  school  district,  respectively;  and 
said  court  shall  be  authorized  to  direct 
the  amounts  that  shall  be  paid,  one  to  the 
other,  and  the  time  and  mode  of  payment, 
and,  if  necessary  to  a  proper  and  just 
adjustment  of  the  same,  may  order  ana 
direct  a  special  tax  to  be  levied  upon  the 
property  so  annexed  to  or  detached  from 
said  borough,  for  the  payment  of  so  much 
of  the  indebtedness  as  may  be  awarded 
against  it,  and  direct  how  the  same  shall 
be  assessed  and  collected  (m). 
Hearing  to  be  XIII.  Said   court   shall,   at  the  time  of 

Kranted-  making  such  appointment  of  an  auditor, 

direct  notice  to  be  given  of  the  time  and 
place  of  meeting  of  the  auditor  and  of  the 
time  of  making  his  report,  and  of  the 
hearing  thereon,  in  such  manner  and  for 
such  time  as  it  may  deem  necessary  and 
proper  to  give  full  notice  to  all  parties 
interested,  and  shall  make  such  other 
and  further  orders  as  may,  to  it,  seem 
meet  and  proper  (n). 
Decree  of  court  to  XIV.  Upon  making  the  decree  herein- 
before provided,  the  same  shall  be  con- 


Cm)  Act  June  1,  1887,  sec.  1,  P.  L.  p.  285. 
(n)  Act  June  1,  1887,  sec.  2,  P.  L.  p.  285. 


OF  PENNSYLVANIA.  13 

elusive  upon  all  parties  interested,  and 
the  said  court  shall  have  power  to  enforce 
the  same  by  appropriate  orders  and  de- 
crees, and  by  attachment  of  all  public 
officers  refusing  to  obey  the  same,  and  to 
punish  such  disobedience  by  fine  and  im- 
prisonment, or  either,  at  the  discretion  of 
the  court  (o). 

XV.  When  the  said  court  shall  make  a 
decree  changing  the  limits  of  any  bor- 
ough, by  detaching  therefrom  any  por- 
tion of  the  territory  included  therein,  it 
shall  be  the  duty  of  said  court  to  make 
a  further  decree,  directing  that  the  por- 
tion so  detached  shall  constitute  a  new 
borough,  a  new  township,  or  become  part 
of  an  adjacent  borough, township  or  town- 
ships, as  to  the  said  court  may  seem  for 
the  best  interests  of  the  several  boroughs, 
townships  and  school  districts  affected 
thereby,  and  the  residents  of  territory 
so  detached,  and  in  case  of  the  erection 
of  a  new  borough,  or  township,  or  school 
district,  shall  order  and  direct  a  special  court  to  order 
election  to  be  held  for  the  election  of  specialelection- 
proper  officers  therefor,  as  provided  by 
law:  Provided,  That  no  new  borough 
shall  be  created  unless  the  intention  to 


(o)  Act  June  1,  1887,  sec.  3,  P.  L.  p.  285. 


14  SCHOOL  LAWS  AND  DECISIONS 

do  so  has  been  set  forth  in  the  original 
Notice  required,      petition  filed,  or  after  thirty  days'  notice 
in    such    manner    as   the    court   may    di- 
rect   (p). 

XVI.  In  case  the  officers  of  the  borough, 
from  which  any  territory  is  detached,  or 
any  of  them  shall  reside  in  the  portion 
so  detached,  they  shall  from  the  time  of 
the  decree  cease  to  exercise  the  function 
of  said  office  or  offices,  and  the  same  shall 
How  vacancies       be  and  become  vacant,  and  shall  be  filled 

are  to  be  filled. 

in  the  manner  prescribed  by  law  for  fill- 
ing vacancies  in  such  offices;  and  the  re- 
maining members  of  council  shall  consti- 
tute a  quorum  for  the  transaction  of  all 
business  until  the  vacancies  shall  have 
been  filled  as  herein  provided  (q). 

6.  In  regard  to  real  estate  and  school 
houses  the  new  district  is  to  pay  the  old 
for  any  undue  proportion  thereof  that 
may  be  within  the  territorial  limits  of  the 
newly-formed  district,  as  the  court  shall 
direct. 

7.  In  regard  to  money  on  hand,  or  un- 
collected claims,  and  to  debts  or  liabili- 

(p)  Act  June  1,  1887,  sec.  4,  P.  L.  p.  286. 
fq)  Act  June  1,  1887,  sec.  5.  P.  L.  p.  286. 


OF  PENNSYLVANIA.  15 

Lies,  after  settlement  of  all  accounts  for 
the  year,  before  actual  separation  takes 
effect,  the  new  district  is  to  pay  to  the 
old,  or  the  old  to  the  new,  as  the  balance 
shall  be  ascertained  to  fall,  and  the  court 
constituting  the  new  district  shall  de- 
cree. 

XVII.  That  the  school,  real  estate,  and 
movable  property  within  any  detached 
portions  of  districts,  or  abolished  dis- 
tricts, shall  pass,  with  the  territory  on 
which  they  are  situated,  to  the  dis- 
trict or  districts  to  which  such  terri- 
tory becomes  attached,  or  reverts,  with 
like  right  in  the  directors  thereof  to  use 
or  sell  the  same,  as  the  proper  directors 
had  before  the  alteration  or  abolition. 
And  if  any  money  be  on  hand  or  debt 
unpaid,  or  any  tax  or  other  claims  be  un- 
collected after  the  settlement  of  all  ac- 
counts  of   the    current    year,    the    proper 

court  shall  divide  said  money  or  debt  Division  of  prop- 
erty, 
amongst  the  districts  thus  acquiring  ter- 
ritory, in  such  proportions,  and  shall 
make  such  order  as  to  uncollected  tax  or 
other  claims  due  by  said  abolished  dis- 
tricts to  any  person  or  persons,  as  shall 
be  just;  and  any  sum  thus  deemed  to  be 
due  by  any  district  to  any  district  or  in- 


16 


SCHOOL  LAWS  AND  DECISIONS 


Decree  and  exe- 
cution. 


Courts  may  annex 
lands  to  another 
township  or  bor- 
ough. 


dividual,  shall  be  entered  in  the  nature  of 
a  judgment  against  the  same,  and  shal! 
be  subject  to  execution  in  the  manner 
prescribed  by  the  twenty-first  section  of 
the  general  common  school  law  of  the 
eighth  of  May,  one  thousand  eight  hun- 
dred  and   fifty-four   (r). 

XVIII.  That  the  several  courts  of  quar- 
ter sessions  of  this  Commonwealth  shall 
have  authority,  within  their  respective 
counties,  to  annex  the  land,  or  parts 
thereof,  of  persons  resident  in  one  town- 
ship, or  borough,  to  another  township  or 
borough,  for  school  purposes,  so  that 
when  so  annexed,  the  applicant  shall  pay 
his  school  taxes,  and  be  included  within 
the  school  district  to  which  it  is  so  an- 
nexed, for  educational  purposes,  and  re- 
main connected  with  the  district  or  town- 
ship, of  his  residence,  for  all  other  pur- 
poses; and  the  said  court  shall,  upon  the 
petition  of  any  one  desiring  such  change, 
proceed  by  views  and  reviews,  in  the 
manner,  and  under  the  restrictions  pro- 
vided under  the  act  of  the  General  As- 
sembly, approved  April  fifteenth,  one 
thousand  eight  hundred  and  thirty-four, 


(r)   Act   April  11.  1862,  sec.   10,   P.    L.  p. 
473. 


OF  PENNSYLVANIA.  17 

with  its  supplements,  in  regard  to  the 
alteration  of  the  lines  of  any  two  or  more 
adjoining  townships:  Provided,  That  all 
the  costs  of  such  proceedings  shall  be 
paid  by  the  person  or  persons  applying 
for  such  change   (s). 

XIX.  That  the  several  courts  of  quarter    Courts  may  an- 

ii  g  \  1  mi  d  s  t<o  c  i  i  i  c  s 

sessions  of  this  Commonwealth,  shall  for  school  pur- 
have  authority,  within  their  respective  p0! 
counties,  to  annex  the  land,  or  parts 
thereof,  or  persons  resident  in  one  town- 
ship or  borough  to  another  township, 
borough,  or  to  a  city  containing  not  more 
than  ten  thousand  inhabitants,  for  school 
purposes.  That  the  transfer  of  lands, 
or  parts  thereof,  or  residents  of  a  town- 
ship or  borough,  to  any  such  city  for 
school  purposes,  shall  only  be  by  and 
with  the  consent  of  the  board  of  school 
directors  of  both  districts;  that  this  act 
shall  not  affect  any  case  now  pending 
in  any  of  the  courts  of  this  Common- 
wealth (t). 

XX.  That  the  act  to  which  this  is  a 
supplement  shall  be  construed  to  include 
all  cases  of  persons  being  resident  of  any 


(s)  Act  of  April  13,  1867,  sec.  1,  P.  L.  p. 
80. 

(t)  Act  April  17,  1876,  sec.  1,  P.  L.  p.  38. 
2 


IS  SCHOOL  LAWS  AND  DECISIONS 

township  or  borough,  to  have  other  lands 
owned  by  them  in  any  other  township 
or  borough,  annexed  to  the  borough  or 
township  in  which  they  reside,  in  the 
manner  and  for  the  purpose  herein  men- 
tioned (v). 

XXI.  That  whenever  territory  adjacent 
and  adjoining  any  city  of  the  third  class 

nlw°di1stSiictlt°f  comprising  one  school  district  has  been 
or  shall  hereafter  be  annexed  to  and  made 
a  part  of  any  such  city  of  the  third  class, 
that  the  territory  or  district  so  annexed 
shall  constitute  and  form  a  part  of  the 
school  district  of  said  city  (w). 

XXII.  That  the  clerks  of  the  courts  of 
quarter  sessions  of  the  several  counties 
of  this  Commonwealth,  shall  forward  to 
the  Superintendent  of   Common   Schools, 

Formation  of  new    a  certified  copy,  under  seal  of  the  decree 

districts  to  be  . 

certified.  of  said  court  of  their  respective  counties, 

creating  any  new  school  district,  whether 
it  be  formed  by  the  incorporation  of  a 
borough,  the  creation  of  a  new  township, 
or  the  formation  of  an  independent  dis- 
trict, said  certificate  to  be  forwarded 
within  thirty  days  after  the  entry  of  such 
decree;  the  costs  for  such  certificate  shall 


(v)  Act  April  20, 1869,  sec.  1,  P.  L.  p.  80. 
(w)  Act  June  24,  1895,  sec.  1,  P.  L.  p.  23i». 


OF  PENNSYLVANIA.  19 

be  a  legal  charge  against  the  district  thus 
formed  (x). 

XXIII.  That     whilst     proceedings     are   Taxcannotbe 
pending  in   any   court   of   this  Common-   £^Jsha£pro~ 
wealth  for  the  division  of  any  township    pending, 
or  school  district,  or  for  the  erection  of 
any  borough,  it  shall  not  be  lawful  for  the 
school  directors  of  the  township  or   dis- 
trict proposed   to  be   divided,   or   out  of 
which    such    borough    is   proposed    to    be 
erected,  to  levy,  assess  or  collect  any  tax 
whatever  for  the  purchase  of  ground  or 
for    school      building     purposes,      except 
where  the  same  shall  be  necessary  to  re- 
build a  school  house  accidentally  injured 
or  destroyed,  or  to  pay  a  building  debt 
previously  incurred   (y). 

8.  A  new  district  cannot  be  recognized 
by  the  Department  of  Public  Instruction 
till  the  certified  copy  of  the  decree  of  the 
court  required  by  section  XXII  has  been 
received. 

XXIV.  That  whenever  any  new  district   Duty  Qj  Commls. 
shall    be   formed    in    any   county    of  this    sioners. 
Commonwealth,   it  shall   be  the   duty   of 
the   commissioners  thereof   to   certify   to 


(x)  Act  April  17, 1865,  sec.  1,  P.  L.  p.  62. 
fy)  Act  June  13,  187-1,  sec.  1,  P.  L.  p.  284. 


20 


SCHOOL  LAWS  AND  DECISIONS 


Borough  school 
district  shall 
share  in  rights 
and  liabilites  of 
township  from 
which  formed. 


ITow  proportion- 
ate share  of  each 
shall  dp  ascer- 
tained. 


the  Superintendent  of  Common  Schools, 
before  the  commencement  of  the  next 
succeeding  school  year,  the  number  of 
taxable  inhabitants  therein,  and  also  the 
number  in  the  district  or  districts  from 
which  it  was  taken,  separately,  according 
to  the  last  preceding  triennial  enumera- 
tion of  taxables  made  for  school  pur- 
poses, so  that  the  whole  number  in  such 
new  district,  and  in  that  or  those  out  of 
which  it  was  taken,  being  added  together, 
shall  be  neither  greater  nor  less  than  the 
number  that  was  therein  before  the 
change  was  made,  and  according  to  the 
last  triennial  certificate  or  return  of  tax- 
ables thereof  made  by  the  said  commis- 
sioners (z). 

XXV.  That  every  school  district  which 
has  been  or  may  hereafter  be  formed  by 
the  erection  of  a  borough  out  of  any  town- 
ship or  parts  of  a  i„<,ming  townships  shall 
share,  in  just  proportion,  in  the  rights 
and  liabilities  of  the  school  district  or 
districts  of  the  said  township  or  town- 
ships existing  at  the  time  of  the  incor- 
poration of  such  borough,  the  proportion 
of  such  new  school  district  to  be  ascer- 
tained by  reference  to  the  assessment  of 


(z)  Act  May  8,  1854,  sec.  49,  P.  L.  p.  629.. 


OF  PENNSYLVANIA.  21 

said  township  or  townships  for  the  year 
in  which  such  borough  was  incorporated, 
and  in  all  pending  actions  by  or  against   Action  by  or 

against  township. 

the  school  district  or  districts  of  the  said 
township  or  townships,  and  in  all  actions 
thereafter  brought  by  or  against  the 
same,  the  new  school  district  or  districts 
liable  or  entitled  as  aforesaid  shall,  by 
rule  of  court,  be  made  co-parties  plaintiff 
or  defendant  as  the  case  may  be  (a). 

9.  No  appropriation  can  be  paid  to  a 
new  district  until  this  certificate  has  been 
prepared  by  the  proper  commissioners, 
and  is  on  file  in  the  Department  of  Pub- 
lic  Instruction. 

XXVI.  Whenever     any     township     has   Rights  and  Uabii- 
been  or  may  hereafter  be  entirely  merged  gj*  hafbeen n" 
into    more    than    one    borough,    and    the    ^™^e1^0t^°h8 
township    shall    thereby    have    ceased    to   and  ceases  to  ex- 

^  ist  as  a  township. 

exist,  and  the  school  district  of  the  town- 
ship become  merged  into  the  school  dis- 
trict of  the  boroughs  erected  out  of  said 
township,  the  rights  and  liabilities  of  the 
said  township  shall  devolve  in  just  pro- 
portion upon  the  school  districts  of  the 
said  several  boroughs,  but  the  school 
district  of  no  such  borough  shall  be  en- 


(a)  Act  June  24,  1895,  sec.  1,  P.  L.  p.  259. 


22 


SCHOOL  LAWS  AND  DECISIONS 


Court  sitting  in 
equity,  shall 
adjust  and  appor- 
tion indebted- 
ness. 


titled  or  liable  as  aforesaid,  except  as  to 
such  rights  and  liabilities  as  existed  at  the 
end  of  the  current  school  year  in  which 
it  became  a  new  district,  and  the  propor- 
tion of  each  new  district  as  aforesaid 
shall  be  ascertained  in  like  manner  as 
prescribed  in  the  first  section  of  this  act; 
and  in  all  actions  pending  by  or  against 
the  school  district  of  said  township,  the 
school  district  or  districts  of  the  borough 
or  boroughs  entitled  or  liable  as  aforesaid 
shall,  by  rule  of  court,  be  substituted  in- 
stead of  the  school  district  of  said  town- 
ship, and  in  all  actions  thereafter  brought 
on  matters  in  behalf  of  or  against  the 
school  district  of  said  township,  the  school 
district  or  districts  of  the  borough  or 
boroughs  entitled  or  liable  as  aforesaid 
shall  be  the  proper  parties  to  prosecute 
or  defend  the  same  as  the  case  may 
be  (b). 

XXVII.  Whenever  any  school  district 
has  been  or  may  hereafter  be  formed  as 
aforesaid,  or  whenever  any  school  district 
has  been  or  may  hereafter  be  entirely 
merged  into  more  than  one  school  district 
as  aforesaid,  any  court  of  common  pleas 
of  the  proper  county,  sitting  in  equity, 
shall  have  power,  upon  the  application  of 


(b)  Act  June  24,  1895,  sec.  2,  P.  L.  p.  260. 


OF  PENNSYLVANIA.  23 

any  one  or  more  creditors  of  the  school 
district    or     districts    of    said    township 
or  townships,  or  upon  the  application  of 
the  proper  authorities  of  the  school  dis- 
trict or  districts  of  any  said  township  or 
townships,  borough  or  boroughs,  or  either 
of  them,  by  suit  or  suits  in  equity,  to  as- 
certain   the    indebtedness    of    the    school 
district  or  districts  of  the  said  township 
or  townships  at  the  time  of  the  formation 
of    each    of    the    school    districts    of    said 
boroughs   respectively,    and   to   equitably 
adjust   and    apportion    said   indebtedness 
between    the    school    district    or    districts 
of  said   township   or  townships  and  bor- 
ough or  boroughs,  and  between  the  sev- 
eral school  districts  of  the  boroughs  into 
which   any   township   shall  have    become 
merged,    as   aforesaid,    and     where     any 
school,  real  estate  and  movable  property 
belonging   to   the   school    district   or   dis- 
tricts of  said  township  or  townships  are 
or  shall  be  within  the  bounds  of  any  such 
new  district.  The  said  court  shall  further 
determine  on  hearing,  whether  an  undue    Determine  the 

proportionate 

proportion  of  the  real  estate  and  movable    share  of  property 

to  which  each  dis- 

property  belonging  to  the  old  district  or    trict  is  entitled, 
districts  are  within  the  bounds  of  the  new 
district,    and,    if    so,    how    much    money 
shall  be  paid  therefor  by  the  new  to  the 


24  SCHOOL  LAWS  AND  DECISIONS 

old  district  or  districts,  and  the  court 
shall  thereupon  decree  the  proportion  of 
said  indebtedness  which  each  of  said 
school  districts  shall  pay  and  the  amount 
of  money,  if  any,  which  the  new  district 
shall  pay  to  the  old  district  or  districts 
for  any  undue  proportion  of  school  prop- 
erty within  the  bounds  of  such  new  dis- 
iiow  adjustments    trict.     In  making  said  adjustment  as  ap- 

shall  be  made.  ,.     ,    ,  ,        -        .,  ,        

plied  to  each  of  said  new  school  districts 
reference  shall  be  had  to  the  time  of  the 
formation  of  such  new  school  district  and 
to  the  debts  existing  at  the  end  of  the 
current  school  year  in  which  it  was 
formed,  whether  since  paid  or  not,  and 
also  to  the  several  amounts  of  school 
taxes  then  unexpended  and  the  said  ad- 
justment shall  be  based  upon  the  assess- 
ment of  said  township  or  townships  for 
the  year  in  which  such  new  district  was 
Proviso.  formed:     Provided,  That   in  ascertaining 

said  indebtedness,  neither  pending  ac- 
tions nor  claims  against  the  school  dis- 
trict or  districts  of  said  township  or  town- 
ships, founded  on  tort,  shall  be  included, 
unless  the  same  shall  in  the  meantime 
have  been  prosecuted  to  final  judg- 
ment (c). 


(c)  Act  June  24,  1895,  sec.  3,  P.  L.  p.  260 


OF  PENNSYLVANIA. 


25 


XXVIII.  Three  mouths  public  notice 
shall  be  given  under  the  order  of  said 
court  to  all  persons  having  claims  against 
the  school  district  or  districts  of  said 
township  or  townships,  excepting  claims 
in  pending  actions  and  claims  founded 
on  tort,  as  aforesaid,  to  present  the  same 
on  or  before  the  day  therein  named,  and 
all  persons  not  presenting  their  said 
claims  on  or  before  the  said  day  shall 
be  forever  debarred  from  enforcing  col- 
lection of  the  same,  said  notice  to  be  pub- 
lished .in  not  less  than  two  newspapers 
of  the  proper  county,  if  there  are  so  many 
printed  in  said  county,  or  if  there  be  but 
one  newspaper  printed  therein,  then  said 
notice  shall  be  printed  in  the  same  and 
shall  be  published  in  any  other  manner 
directed  by  the  said  court:  Provided 
however,  That  no  owner  or  holder  of  any 
bond  or  bonds  of  any  school  district  shall, 
for  any  failure  to  present  or  make  proof 
of  the  same  as  aforesaid,  be  precluded  or 
debarred  thereby  from  enforcing  collec- 
tion of  the  same  (d). 

XXIX.  The  said  court  shall  have  power 
to  make  all  needful  rules,  orders  and  de- 
crees in  the  premises,  and  for  the  collec- 


Notice  to  persons 
having  claims 
against  the  dis- 
tricts to  present 
same. 


Failure  to  pre- 
sent. 


Publication  of 
notice. 


Holders  of  bonds 
shall  not  be  de- 
barred from  col- 
lecting same. 


Rules,  etc. ,  for 
collection  and 
payment  of  share 
of  indebtedness. 


(d)  Act  June  24,  1895,  sec.  4,  P.  L.  p.  261. 


26 


SCHOOL  LAWS  AND  DECISIONS 


Court  may  ap- 
point receiver  to 
whom  money 
shall  be  paid. 


Duty  of  receiver. 


tioii  and  payment  by  the  school  district 
or  districts  of  said  township  or  town- 
ships, borough  or  boroughs,  of  the  share 
of  said  indebtedness,  respectively,  appor- 
tioned to  them,  and  of  any  sum  of  money 
decreed  to  be  paid  by  any  such  new  dis- 
trict to  the  school  district  of  any  town- 
ship from  which  it  was  formed  for  any 
undue  proportion  of  school  property  with- 
in the  bounds  of  such  new  district,  and 
may  order  the  proper  officers  of  the  school 
district  or  districts  of  any  said  township 
or  townships,  borough  or  boroughs,  or 
of  either  of  them,  to  collect,  by  special 
taxation,  an  amount  sufficient  to  pay  the 
same,  either  in  any  one  year  or  by  an- 
nual instalments,  as  to  the  court  shall 
appear  just  and  reasonable  (e). 

XXX.  The  said  court  shall  have  power, 
in  its  discretion,  to  appoint  a  receiver  to 
whom  the  money  due  on  account  of  in- 
debtedness from  each  school  district  for 
the  purpose  aforesaid  shall  be  paid,  and 
it  shall  be  his  duty  to  pay  over  the 
amount  so  received  by  him  to  the  hold- 
ers of  said  indebtedness  in  such  order 
or  in  such  proportions  as  the  court  shall 
direct,  and  in  case  of  any  special  taxa- 


(e)  Act  June  24,  1895,  sec.  5,  P.  L.  p.  261. 


OF  PENNSYLVANIA.  27 

tion,  in  any  said  school  district,  or  in 
all  of  them,  being  ordered  for  or  on  ac- 
count of  any  indebtedness  as  aforesaid, 
the  collector  of  said  special  tax  shall  pay 
the  same  directly  to  said  receiver,  (f). 

XXXI.  The  school  district  of  each  bor-   Howindebted- 
ough,  in  any  of  the  cases  aforesaid,  shall   credited."  be 
be  credited  with  the  proper  share  of  such 
indebtedness  due  to  the  school  district  or 

districts  of   said   township    or   townships 
at  the  time  of  the  formation  of  such  bor- 
ough district,  as  shall  have  since  been  col- 
lected, and  shall  likewise  be  credited  with 
its  proper   share  of   any   unappropriated 
balance  in  the  treasury  of  the  school  dis-   How  balarice  in 
trict  or  districts  of  said  township  or  town-  credited  sba"  be 
ships   at  the  end   of   the   current   school 
year  during  which  such  borough  district 
shall  have  been  formed,  and  the  said  court 
shall  have  like  power  to  equitably  adjust   court  snail  i,p- 
and  apportion  the  same  (g).  portion  8ame- 

XXXII.  The   costs  of  said  proceedings   cost,  how  paid, 
shall  be  paid  by  the  school  districts  of 

the  said  several  townships  and  boroughs 

in  such  proportions  as  the  said  court  shall   Enforcement  of 

,.,  ,     .,  ,  .  -  .    orders  and  de- 

adjudge,  and  the  orders  and   decrees  of   crees. 

(f)  Act  June  24,  1895,  sec.  6,  P.  L.  p.  262. 

(g)  Act  June  24,  1895,  sec.  7,  P.  L.  p.  262. 


28 


SCHOOL  LAWS  AND  DECISIONS 


When  township 
is  merged  into 
one  borough. 


Shall  not  super- 
sede or  repeal 
any  existing  act 
of  assembly. 


the  said  court  in  such  proceedings  may  be 
enforced  by  attachment  (h). 

XXXIII.  Whenever  any  township  has 
been  or  shall  hereafter  be  changed  or  merg- 
ed into  one  borough  the  school  district  of 
said  borough  shall  succeed  to  all  the  rights 
and  liabilities  of  the  school  district  of 
said  township,  and  in  all  actions  pending 
by  or  against  the  school  district  of  said 
township  the  school  district  of  said  bor- 
ough shall  be  substituted  as  party  instead 
of  the  school  district  of  said  township, 
and  in  all  actions  thereafter  brought  for 
matters  in  behalf  of  or  against  the  school 
district  of  said  township  the  school  dis- 
trict of  the  said  borough  shall  be  the 
party  plaintiff  or  defendant,  as  the  case 
may  be,  instead  of  the  school  district  of 
said  township   (i). 

XXXIV.  Nothing  in  this  act  contain- 
ed shall  be  held  or  construed  to  super- 
sede or  repeal  the  provisions  of  any  ex- 
isting act  of  Assembly  applicable  to  the 
same  suoject  matter  (j). 

10.  Penalty    for    neglect    of    duty.— The 

twenty-fourth   section   of   the   act   of   fif- 


th) Act  June  24,  1895,  sec.  8,  P.  L.  p.  262. 
(i)  Act  June  24,  1895,  sec.  9,  P.  L.  p.  262. 
(j)  Act  June  24,  1895,  sec.  10,  P.  L.  p.  262. 


OF  PENNSYLVANIA.  29 

teenth  of  April,  1834,  (pamphlet  laws, 
page  541,)  provides  that  "If  the  commis- 
sioners of  any  county  shall  neglect  or  re- 
fuse to  perform  any  duty  required  of 
them  by  law,  or  if  any  one  of  such  com- 
missioners shall  neglect  or  refuse  to  per- 
form any  official  duty,  they  or  he  shall, 
respectively,  be  fined  in  a  sum  not  ex- 
ceeding one  hundred  dollars." 

POWERS    AND    LIABILITIES    OF    DIS- 
TRICTS. 

XXXV.  That  the  several  school  dis- 
tricts within  this  Commonwealth  shall 
have  capacity  as  bodies  corporate,  to  sue 

and   be   sued  as   such,   by   the   corporate   May  sue  and  be 

sued . 

name  of  the  school  district  of  (k). 

XXXVI.  To     purchase     and     hold     SUCh     Purchase  and  sell 

real  estate. 

real  and  personal  property  as  may  be  nec- 
essary for  the  establishment  and  support 
of  the  schools,  and  the  same  to  sell,  alien 
and  dispose  of,  when  it  shall  no  longer 
be  necessary  for  the  purpose  aforesaid, 
and  also,  whenever  the  board  of  directors 
or  controllers,  in  cases  where  school  prop- 
erty   has   been    conveyed   to    them    shall 


(k)  Act  May  8,  1854,  sec.  18,  P.  L.  p.  620. 


30  SCHOOL  LAWS  AND  DECISIONS 

deem  it  expedient  to  make  sale  of  the 
said  real  estate,  for  the  purpose  of  rein- 
vesting the  proceeds  thereof  for  school 
purposes  (1). 

11.  A  district  may  purchase  or  other- 
wise acquire  ground  on  which  it  is  in- 
tended to  erect  a  school  house,  and  hoU 
it  for  that  purpose  till  it  suits  the  con- 
venience and  means  of  the  district  to 
build. 

Real  estate  held  XXXVII.  In  cases  where  real  estate  is 
held  by  trustees  or  others  for  the  general 
use  of  the  neighborhood — for  a  school 
house  or  its  appendages — and  when  the 
same  shall  cease  to  be  required,  it  shall 
be  lawful  for  the  said  trustees  or  others, 
their  survivor  or  survivors,  or  successors, 
to  convey  the  same  to  the  proper  district, 
which  shall  be  thereafter  held  by  said 
district  for  the  same  term  and  for  the 
same  uses  for  which  it  was  originally 
granted  to  said  trustees  or  others.  But 
should  the  said  trustees,  from  indisposi- 
tion on  the  part  of  the  proper  board  of 
school  directors  of  the  district  not  accept 
of  said  conveyance,  or  from  other  causes 
find  it  impossible  to  release  themselves 


(1)  Act  May  8,  1854,  sec.  18,  P.  L.  p.  620. 


OF  PENNSYLVANIA. 


31 


from  said  trust,  they,  or  a  majority  of 
them,  may  apply  to  the  court  of  com- 
mon pleas  of  the  proper  county,  praying 
said  court  to  authorize  and  direct  the 
aforesaid  trustee,  trustees  or  other  per- 
sons, to  make  sale  of  the  same,  having 
first  given  two  weeks'  previous  notice  in 
one  or  more  of  the  public  prints  of  the 
said  county,  of  the  time  and  place  of  said 
sale,  and  shall  make  return  of  proceeds 
of  sale  to  said  court,  that  the  same  may 
by  the  direction  of  said  court,  be  added 
to  the  funds  of  the  proper  district,  where- 
upon the  said  trustees  or  other  persons, 
shall  be  discharged  from  all  responsibil- 
ity in  the  premises  (m). 

XXXVIII.  All  deeds  and  other  con- 
tracts in  writing,  made  by  a  school  dis- 
trict, shall  be  signed  and  sealed  by  the 
president  of  the  board  of  directors  or  con- 
trollers, and  countersigned  by  the  secre- 
tary (n). 

XXXIX.  All  suits  by  a  school  district    Sui*8  b/  a"d  . 

J  against  school 

shall   be  brought   in   its  corporate  name   districts, 
and   be  conducted   and   managed   by   the 
board  of  directors  or  controllers,  as  the 
case  may  be;  and  all  suits  against  such 


Deeds,  how  ex- 
ecuted. 


(m)  Act  May  8,  1854,  sec.  18,  P.  L  p.  620. 
(n)  Act  May  8,  1854,  sec.  19,  P.  L.  p.  621, 


32  SCHOOL  LAWS  AND  DECISIONS 

district  shall  style  the  same  by  its  corpor- 
ate name,  and  all  legal  process,  other 
than  writs  to  enforce  payment  of  a  judg- 
ment, shall  be  served  on  either  the  presi- 
dent or  secretary  of  the  board  of  direc- 
tors or  controllers,  as  the  case  may  be  (o). 
Executions  XL.  If    judgment    should    be    obtained 

dfsTrictsSCb001  against  a  school  district,  in  any  action  or 
proceedings,  the  party  entitled  to  thf> 
benefit  of  such  judgment  may  have  exe- 
cution thereof  as  follows,  and  not  other- 
wise, to  wit:  It  shall  be  lawful  for  tht 
court  in  which  said  judgment  shall  be 
obtained,  or  to  which  such  judgment  shall 
be  removed  by  transcript  from  a  justice 
of  the  peace  or  alderman,  to  issue  there- 
on a  writ,  commanding  the  directors  or 
controllers  and  treasurer  of  such  school 
district,  to  cause  the  amount  thereof,  with 
interest  and  cost,  to  be  paid  to  the  party 
entitled  to  the  benefit  of  such  judgment, 
out  of  any  moneys  unappropriated  of 
such  district,  or  if  there  be  no  such 
moneys,  out  of  the  first  moneys  that  shall 
be  received  for  the  use  of  such  district, 
and  to  enforce  obedience  to  such  writ  by 
attachment   (p). 


(o)  Act  May  8,  1854,  sec.  20,  P.  L.  p.  621. 
(p)  Act  May  8,  1854,  sec,  21,  P.  L.  p.  621. 


OF  PENNSYLVANIA.  33 

12.  Debts  contracted  by  a  former  board 
— whether  permanent  or  temporary,  or 
for  building  or  ordinary  school  purposes — 
if  legally  contracted,  are  binding  upon  all 
future  boards  of  the  district;  and  pro- 
vision is  to  be  made  for  their  payment,  or 
the  payment  of  the  interest  on  them,  by 
the  existing  board. 

XLI.  No  person  shall  hereafter  be  in-    who  shall  give 

evidence. 

competent  to  give  evidence  in  any  suit  or 
action  in  which  any  school  district,  or  any 
officers  thereof,  is  a  party,  for  or  on  ac- 
count of  said  person  being  an  inhabitant 
of  the  district  or  by  reason  of  his  being 
liable  to  tbe  payment  of  any  tax  in  which 
said  school  district  may  be  interested  (q). 


DIRECTORS  AND  CONTROLLERS. 

Election   and   Appointment   of    Directors 
and  Controllers. 


XLII.  That    school    directors    shall    be  when  and  how 

,  ,  n       -  r.     j-   i.    •    l       n    2.-L.  directors  to  be 

elected  annually  in   each  district  of  the  elected. 
State,   in   the  following  manner,  to  wit: 


(q)  Act  May  8,  1854,  sec.  51,  P.  L.  p.  629. 


34 


SCHOOL  LAWS  AND  DECISIONS 


Term  of  office. 


Elections  in 

Independent 

districts. 


At  the  same  time  and  place  that  elections 
are  held  for  supervisors  and  constables, 
and  in  wards,  in  cities  or  boroughs,  at 
the  time  and  place  of  the  borough  or  ward 
election,  and  in  like  manner,  two  qualifed 
citizens  shall  be  elected  school  directors 
in  each  district,  whose  term  of  office  shall 
be  three  years;  but  in  districts  where  di- 
rectors have  not  been  elected,  or  in  new 
districts  which  may  be  established  by  the 
erection  of  a  new  ward,  borough  or  town- 
ship, six  directors  shall  be  elected  in  such 
district  at  the  first  election,  two  to 
serve  one  year,  two  to  serve  two  years, 
and  two  to  serve  three  years,  and  two 
annually  thereafter;  and  in  city  and  bor- 
ough districts  allowed  to  elect  three  direc- 
tors, the  whole  number  for  each  ward 
shall  be  chosen  at  the  first  annual  election 
after  the  passage  of  this  act,  one  to  serve 
for  one  year,  one  to  serve  for  two  years, 
one  to  serve  for  three  years,  and  one  an> 
nually   thereafter    (r). 

XLIII.  That  when  an  independent 
school  district  shall  be  established,  the 
proper  court  shall,  in  the  decree  therefor, 
designate  the  time  and  place  for  holding 
the  annual  elections  of  directors  therein, 
and  appoint  two  persons  to  hold  the  first 


(r)  Act  May  8,  1854,  sec.  5,  P.  L.  p.  618. 


OF    PENNSYLVANIA.  35 


election,  at  the  time  appointed  therefor, 
who  shall  give  ten  days'  notice  thereof, 
by  printed  or  written  handbills,  put  up 
at  not  less  than  six  public  places  within 
said  district;  at  which  first  election  six 
directors  shall  be  chosen,  two  for  three 
years,  two  for  two  years,  and  two  for  one 
year,  then  next  ensuing,  and  thereafter 
two  directors  shall  be  chosen  for  three 
years,  at  the  annual  election,  to  be  called 
and  held  by  the  president  and  secretary 
of  the  board,  at  the  time  and  place,  and  in 
the  manner  in  said  decree  thereof  ap- 
pointed, said  election,  in  all  other  re- 
spects to  be  conducted  in  conformity  with 
the  existing  school  law;  and  that  in  inde- 
pendent districts,  established  or  hereafter 
to  be  established  by  the  Legislature,  with- 
out specifying  the  mode,  time  or  place  of 
electing  directors,  the  first  election  shall 
be  held  at  such  time  or  place  within 
the  proper  district  as  shall  be  specified 
by  written  or  printed  notices  thereof,  put 
up  at  not  less  than  ten  public  places 
therein,  signed  by  not  less  than  five  tax- 
able citizens  thereof,  and  giving  ten  full 
days'  notice  of  such  election;  and  subse- 
quent elections  shall  be  held  at  such  time 
and  place,  annually,  as  shall  be  desig- 
nated by  similar  notices,  signed  by  the 


36  SCHOOL  LAWS  AND  DECISIONS 

president  and  secretary  of  the  proper 
board;  said  elections,  in  all  other  respects, 
to  be  held  and  conducted  in  the  manner 
in  this  section  before  provided  (s). 

13.  Expenses  for  the  election  of  school 
directors  in  independent  districts  are  to 
be  paid  by  the  county,  in  the  same  men- 
ner  as  for  the  election  of  township  offi- 
cers. 

XLIV.  That  when  two  or  more  candi- 

Tie  vote,  how  de- 
cided, dates  shall  have  an  equal  number  of  votes 

for  the  same  term  of  office,  at  any  election 
of  directors  or  controllers,  whereby  their 
election  shall  be  prevented,  the  said  can- 
didates shall  appear  at  the  next  regular 
meeting  of  the  board  of  directors  or  con- 
trollers, which  said  board  shall  determine 
their  rights  to  seats  therein,  in  the  fol- 
lowing manner:  Ballots  shall  be  pre- 
pared, equal  in  number  to  the  opposing 
candidates,  on  one-half  of  which  the  word 
"director"  shall  be  written;  whereupon 
the  said  candidates  shall  each  draw,  from 
a  proper  receptacle,  one  of  said  ballots, 
and  the  candidate  or  candidates  drawing 
the  ballot  or  ballots  marked  "director" 
shall  be  held  and  deemed  duly  elected  to 


(s)  Act  of  April  11,  1862,  sec.  9,  P.  L.  p. 
473. 


OF  PENNSYLVANIA.  37 

the  said  office  of  director  or  controller. 
And,  if  vacancies  are  to  be  filled,  at  any  ^ncies'  how 
election  of  directors,  in  addition  to  the 
persons  to  be  elected  for  the  regular  term, 
and  the  voters  shall  all  neglect  to  desig- 
nate on  their  tickets  the  term  of  office  for 
which  each  person  voted  for  is  a  candi- 
date, then  the  person  or  persons  having 
the  highest  number  of  votes  shall  be  de- 
clared elected  for  the  longest  term  or 
terms;  the  next  highest  in  vote,  after  the 
filling  of  the  longest  term  shall  be  de- 
clared elected  for  the  next  longest  term, 
and  so  on,  till  all  the  terms  vacant  shall 
be  filled  (t). 

14.  No.  XLIV  disposes  of  the  perplexing 
question  of  tie  votes.  Of  course,  it  does 
not  refer  to  the  case  where  only  two  direc- 
tors are  to  be  chosen  for  three  years,  and 
the  two  candidates  highest  in  vote  have 
each  the  same  number  of  votes.  Here 
the  tie  does  not  "prevent"  the  election 
of  either,  for  both  are  elected.  It  only 
relates  to  cases  in  which  the  number  of 
candidates  who  are  tied  is  greater  than 

(t)  Act  of  April  11,  1862,  sec.  2,  P.  L.  p. 
471. 


SCHOOL  LAWS  AND  DECISIONS 

the  number  of  offices  or  vacancies  for 
which  they  are  candidates,  thus:  three 
persons  have  each  the  same  number  of 
votes  for  the  two  vacancies  in  the  long 
term  of  three  years;  or  two  persons  have 
the  same  number  of  votes  for  one  va- 
cancy in  the  term  of  two  years. 

15.  When  all  the  tickets  are  without 
specification  of  the  term,  the  latter  part 
of  XLIV  provides  a  remedy.  In  such  case 
the  rule  of  the  longest  term  to  the  high- 
est in  vote  applies.  But,  if  some  of  the 
tickets  polled  have,  and  some  have  not, 
this  specification  on  their  face,  unless 
there  was  a  common  understanding 
among  the  voters  in  regard  to  the  length 
of  term  intended  for  the  candidates,  re- 
spectively, those  which  have  not  are  to 
be  rejected,  and  the  return  is  only  to  be 
given,  according  to  their  number  of  votes, 
to  those  whose  tickets  specified  the  term 
on  their  faces.  It  is  best,  therefore,  for 
each  voter  to  write  on  his  ticket  the  term, 
as  well  as  the  name  of  the  person  voted 
for,  to  fill  a  vacancy. 


OF  PENNSYLVANIA. 


39 


Person  elected  to 
be  notified. 


XLV.  That  the  duplicate  returns  of  all  Returns,  how 
elections  for  directors  shall  be  made  out,  ma 
signed  and  sealed  by  the  judges,  and  de- 
livered by  the  constable  or  proper  officer 
of  said  election,  one  to  the  board  of  direc- 
tors, and  the  other  to  the  court  of  quarter 
sessions  of  the  county,  within  ten  days 
thereafter,  and  each  person  elected  a  di- 
rector shall  be  notified  thereof  in  writing, 
within  five  days  after  the  election,  by 
the  constable  or  other  officer  who  held 
the  election.  If  the  legality  of  any  elec- 
tion for  directors  be  contested  in  writing 
by  not  less  than  ten  qualified  citizens  of 
the  district,  the  said  court  of  quarter  ses- 
sions is  hereby  authorized  and  required, 
forthwith,  to  examine  into  the  election, 
and  to  confirm  or  set  aside,  as  shall  seem 
just  and  proper,  and,  if  set  aside,  to  order 
a  new  election  at  the  usual  place  and  in 
the  usual  manner,  on  not  less  than  two 
weeks'  public  notice,  given  by  the  proper 
officers  (v). 

XLVI.  That  each  board  of  directors 
shall  have  power  to  fill  any  vacancy 
which  may  occur  therein  by  death,  resig- 
nation, removal  from  the  district,  or 
otherwise,  until  the  next  annual  election 


Contested  elec- 
tion, how  de- 
cided. 


How  vacancies 
to  be  filled. 


(v)  Act  May  8,  1854,  sec.  6,  P.  L.  p.  618. 


40  SCHOOL  LAWS  AND  DECISIONS 

for  directors,  when  such  a  vacancy  shall 
be  filled  by  electing  a  person  from  the 
district  in  which  the  vacancy  occurs,  to 
supply  the  same  (w). 

16.  It  does  not  require  a  quorum  (four) 
to  fill  a  vacancy  caused  by  "death,  resig- 
nation, removal,  or  otherwise."  Any 
number  to  which  the  board  may  be  re- 
duced, by  any  one  or  all  of  these  causes, 
can  perform  this  indispensable  duty.  But 
to  do  it  satisfactorily,  all  the  actual  mem- 
bers should  be  present,  or  have  had  notice 
to  be  present,  for  the  purpose.  And  if 
only  one  member  remain  in  office,  he  can 
legally  take  means  to  fill  the  board.  In 
that  case  he  should  appoint  one  new 
member;  he  and  that  new  member  should 
then  appoint  a  third,  and  so  on,  till  the 
board  is  full.  And  the  whole  of  these 
proceedings  should  be  put  on  the  minutes. 
The  law  authorizing  "less  than  a  majority 
of  directors"  to  fill  vacancies  in  a  school 
board,  only  applies  when  the  number 
has  been  reduced  below  a  majority,  from 

(w)  Act  May  8,  1854,  sec.  7,  P.  L.  p.  618. 


OF  PENNSYLVANIA.  41 

causes  mentioned  in  either  the  seventh 
or  the  eighth  sections  of  the  act  of  May 
8,  1854,  P.  L.  618. 

An  appointment  made  by  a  board  of 
school  directors  to  fill  an  existing  va- 
cancy therein  qualifies  the  person  so  ap- 
pointed to  hold  the  office  until  the  first 
Monday  in  June  following  the  first  an- 
nual election  next  ensuing  such  an  ap- 
pointment, at  which  time  the  person 
elected  at  the  preceding  annual  February 
election  will  be  qualified  to  fill  the  office 
for  the  remaining  part  of  the  unexpired 
term. 

For  example: 

1.  If  a  vacancy  occurred  in  January, 
1896,  and  the  board  then  appoints  a  per- 
son to  fill  the  vacancy,  the  person  ap- 
pointed will  hold  the  office  until  June, 
1896,  at  which  time  the  person  elected  in 
February  of  that  year,  will  be  admitted 
to  membership  in  the  board  on  his  cer- 
tificate of  election  for  the  unexpired  term 
for  one  year,  or  for  two  years,  as  the  case 

may  be. 
3* 


42  SCHOOL  LAWS  AND  DECISIONS 

2.  If  a  vacancy  occurred  in  March,  1896, 
and  the  board  appointed  at  once  a  person 
to  fill  the  vacancy,  he  would  be  qualified 
to  hold  the  office  until  the  first  Monday 
in  June,  1897,  inasmuch  as  no  annual 
election  intervened  until  February,  1897, 
and  therefore,  the  appointment  made  by 
the  board  holds  not  only  until  the  first 
Monday  of  June,  1896,  but  until  June, 
1897,  unless  the  term  expires  before  that 
date. 

17.  When  a  director  resigns  his  office 
without  being  present  in  the  board,  the 
resignation  should  be  in  writing,  ad- 
dressed to  the  president,  or,  if  it  be  the 
resignation  of  the  president  himself,  to 
the  secretary.  When  a  resignation  takes 
place  by  a  member  present,  it  may  be 
verbal.  But  in  both  cases  it  should  be 
entered  on  the  minutes,  accepted  by  the 
board,  and  the  acceptance  also  entered  on 
the  minutes. 

XLVII.  Whenever  by  the  requirements 

of  any  law,   a  particular  residence   is  a 

necessary  qualification  for  the  election  or 

Legal  residence.      appointment    of    any    officer,    a    removal 


OF    PENNSYLVANIA.  13 


from   such   residence   shall   operate  as   a 
forfeiture  of  the  office  (x). 

18.  Every  member  ceasing  to  be  a  resi- 
dent of  the  district  for  which  he  was  a 
director,  thereby  vacates  his  office  with- 
out resignation,  from  the  day  when  he 
ceased  being  a  resident;  and  the  fact 
being  known  and  entered  on  the  minutes, 
another  is  to  be  appointed  in  his  place. 
The  same  principle  applies  to  changes  of 
residence  from  one  ward  to  another  in 
cities  and  boroughs,  except  in  cases  where 
the  election  is  by  a  concurrent  vote. 

19.  Failure  by  the  voters  to  fill  a  va- 
cancy, at  the  regular  annual  election, 
will  authorize  the  board  to  fill  it,  by 
virtue  of  the  word  "otherwise"  in  num- 
ber XLVI.  This  means  that  if  a  member 
died  or  resigned,  the  board  appointed 
another  in  his  place,  and  if  at  the  next 
election  the  people  failed  to  elect  any  one 
to  fill  this  vacancy,  the  board  may  again 
treat  it  as  a  vacancy  and  appoint  a  person 


(x)  Act  May  15,  1874,  sec.  12,  P.  L.  p.  187. 


44 


SCHOOL  LAWS  AND  DECISIONS 


Directors  exempt 
from  serving  In 
certain  offices. 


Offices  incompat- 
ible. 


Commissioner 
cannot  serve  as 
director. 


Wiio  aie  exempt 
from  serving  as 
collectors. 


to  fill  it  till  the  next  succeeding  annual 
election. 

XLVIII.  That  all  directors  shall  be  ex- 
empted from  serving  in  any  township, 
city  or  borough  office  (y). 

20.  The  exemption  from  township,  city 
or  borough  office,  does  not  prohibit  the 
holding  of  these  offices,  except  that  of 
auditor,  but  merely  confers  the  right 
to  be  excused,  if  the  director  desires  it. 

XLIX.  That  no  person  hereafter  elected 
shall  be  capable  of  holding  and  exercising 
the  office  of  school  director,  constable, 
pathmaster,  or  commissioner  of  roads, 
and  that  of  township  or  borough  au- 
ditor (z). 

L.  No  county  commissioner  shall  be 
eligible  to  serve  as  a  member  of  the  board 
of  health,  or  director  of  the  public 
schools,  during  his  continuance  in  of- 
fice (a). 

LI.  That  tax  collectors  are  township, 
ward  or  borough  officers,  within  the  true 
intent  and  meaning  of  the  general  school 
law  of  one  thousand  eight  hundred  and 


(y)  Act  May  8,  1854,  sec.  10,  P.  L.  p.  619. 
(z)  Act  May  18,  1876,  sec.  1,  P.  L.  p.  179. 
(a)  Act  May  15,  1874,  sec.  7,  P.  L.  p.  187. 


OF  PENNSYLVANIA.  45 

forty-nine  and  one  thousad  eight  hundred 
and  fifty-four,  and  that  school  directors 
and  treasurers  of  the  school  fund  were 
and  are  exempt  from  serving  as  such  col- 
lectors, within  the  meaning  of  said 
acts  (b). 

LII.  That  if  any  person  duly  elected  a  when  seats  ofat- 
school  director  shall  refuse  to  attend  a  aecteie^vLant. 
regular  meeting  of  the  board,  after  hav- 
ing received  written  notice  from  the  sec- 
retary, to  appear  and  enter  upon  the 
duties  of  his  office,  or  if  any  person  hav- 
ing taken  upon  him  the  duties  of  his 
office  as  director,  shall  neglect  to  attend 
any  two  regular  meetings  of  the  board 
in  succession,  unless  detained  by  sickness 
or  prevented  by  absence  from  the  district, 
or  to  act  in  his  official  capacity  when 
in  attendance,  the  directors  present  shall 
have  power  to  declare  his  seat  in  the 
board  vacant,  and  to  appoint  another 
in  his  stead  to  serve  until  the  next 
regular  election  (c). 

21.  Absence  from  special  or  called  meet- 
ings will  not  justify  the  exclusion  of  a 
member  from  the  board. 

(b)  Act  May  8,  1855,  sec.  12,  P.  L.  p.  511. 

(c)  Act  May  8,  1854,  sec.  8,  P.  L.  p.  618. 


46  SCHOOL  LAWS  AND  DECISIONS 

22.  A  member  elect  should  be  duly  noti- 
fied in  writing,  by  the  secretary,  accord- 
ing to  the  provisions  of  this  act,  before 
his  seat  can  be  legally  declared  vacant 
by  the  board. 

LIII.  That  all  persons  elected  to  the 
office  of  school  director  after  the  passage 
of  this  act  in  the  Commonwealth  of  Penn- 
sylvania shall,  before  entering  upon  the 
duties  of  such  office,  take  and  subscribe 
Directors  must  to  an  oath  or  affirmation  that  he  will 
offlce°at  °  support   the   Constitution   of    the   United 

States  and  the  Constitution  of  the  Com- 
monwealth of  Pennsylvania  and  the  laws 
thereof,  that  he  has  used  no  unlawful 
means  to  procure  his  election  to  said 
office,  and  that  he  will  discharge  the  du- 
ties of  said  office  for  the  district  in  which 
elected  faithfully  and  impartially,  and 
to  the  best  of  his  understanding  and  abil- 
ity, which  oath  or  affirmation  shall  be 
taken  before  a  justice  of  the  peace,  no- 
tary public,  or  some  other  officer  author- 
ized to  administer  oaths,  and  a  copy  of 
the  same  shall  be  entered  upon  the  min- 
utes of  the  board  of  school  directors  of  the 
proper  district  (d). 


(d)  Act  April  16,  1891,  sec.  1,  P.  L.  p.  22. 


OF  PENNSYLVANIA. 


47 


LIV.  That  on  and  after  the  passage  of   May  quaiify 
this  act  it  shall  be  lawful  for  school  di-   each  otber- 
rectors  in  the  various  school  districts  in 
this  Commonwealth  to  qualify  each  other, 
by    oath    or    affirmation,    that    they    will    How  to  qualify, 
faithfully    discharge    the    duties    of    said   contents  of  oath. 
office,    and    that    they    be   authorized    to 
certify  the  same  to   the  proper  authori- 
ties (e). 

LV.  In    the    organization    of    a    school 
board  it  shall  be  the  duty  of  the  person 
chosen  to  act  as  secretary  to  qualify  the   Secretary. 
person    chosen    to   act   as   president,   and 
the  president  in  turn  shall  qualify  all  the   President, 
other  members  of  said  board  (f). 

23.  All  persons  elected  or  appointed  to 
the  office  of  school  director  are  required  to 
take  the  oath  of  office  before  entering 
upon  the  discharge  of  their  duties. 

LVI.  That  if  all  the  members  of  any  Directors  may  be 
board  of  directors  or  controllers  shall  cour°tYed  by  the 
refuse  or  neglect  to  perform-  their  duties, 
by  levying  the  tax  required  by  law,  and 
to  put  or  keep  the  schools  in  operation, 
so  far  as  the  means  of  the  district  will 
admit,  or  shall  neglect  or  refuse  to  per- 


(e)  Act  June  25,  1895,  sec.  1,  P.  L.  p.  284. 

(f)  Act  June  25,  1895,  sec.  2,  P.  L.  p.  284. 


48  SCHOOL  LAWS  AND  DECISIONS 

form  any  other  duty  enjoined  by  law, 
the  court  of  quarter  sessions  of  the  proper 
county  may,  upon  complaint  in  writing, 
by  any  six  taxable  citizens  of  the  district, 
and  on  due  proof  thereof,  declare  their 
seats  vacant,  and  appoint  others  in  their 
stead,  until  the  next  annual  election  for 
directors   (g). 

24.  The  words  "so  far  as  the  means  of 
the  district  will  admit,"  do  not  justify  di- 
rectors in  providing  means  to  keep  the 
schools  in  operation  any  shorter  term 
than  six  months;  because  the  law  ex- 
pressly enjoins  it  on  the  board  to  keep 
them  "in  operation  not  less  than  six 
nor  more  than  ten  months  in  the  year." 
The  discretion  given,  therefore,  only  re- 
lates to  those  extremes,  between  which 
they  may  select  any  term  suitable  to  the 
means  of  the  district.  But  if  they  do 
not  keep  them  open  at  least  the  minimum 
term  of  six  months,  the  court  will  remove 
them. 
Directors  must  LVII.  That  whenever  the  school  direc- 

provide  suitable  ,,  „  ..         ,  , 

rooms.  tors  or  controllers  of  any  city,  borough, 


(g)  Act  May  8,  1854,  sec.  9,  P.  L.  p.  619. 


OF  PENNSYLVANIA. 


49 


township  or  independent  school  district, 
shall  wilfully  neglect  or  refuse  to  provide 
suitable  houses,  rooms  or  buildings  in 
and  for  any  school  district  within  their 
jurisdiction  and  under  their  supervision, 
and  control,  with  ample  room  and  seat- 
ing capacity  for  the  reasonable  and  con- 
venient accommodation  of  all  the  school 
children  residing  within  the  district,  who 
may  be  in  attendance,  or  who  desire  to 
attend  the  school  or  schools  therein,  then 
ten  or  more  taxable  citizens,  residents  of 
the  said  district,  may  set  forth  in  writing 
the  facts  in  the  case,  under  oath  or  affir- 
mation of  at  least  six  persons  who  sign 
the  statement,  and  petition  the  court  of    Citizens  may 

petition  court. 

common  pleas  of  the  county  in  which 
said  school  district  is  situated,  or  in  va- 
cation, any  judge  of  the  said  court;  for  the 
appointment  of  a  competent  inspector;  inspector  to  be 
and  the  court,  or  judge  thereof,  may  ap-  "PP"lnted 
point  such  inspector,  whose  duty  it  shall 
be  to  visit  the  district  by  order  of  the 
court,  or  judge  thereof,  and  inquire  into 
the  facts  set  forth  in  the  complaint  sub- 
mitted, giving  due  notice  to  the  members 
of  the  board  of  directors,  against  whom 
the  complaint  for  neglect  of  duty  is  made, 
and  to  other  persons  concerned,  and  the 
4 


50  SCHOOL  LAWS  AND  DECISIONS 

said  inspector  shall  report  to  the  court, 
or  proper  judge  thereof,  under  oath  or 
affirmation,  of  the  result  of  his  personal 
inspection  and  investigation,  accompanied 
by  statements  of  facts  and  proofs  ob- 
tained in  the  case  (h). , 
LVIII.  If,  after  hearing  the  allegations 

He  sball  hear 

allegations  and  and  proofs  offered  to  substantiate  the 
charges  set  forth  in  the  complaint,  or  to 
disprove  them,  and  after  having  fully  and 
diligently  inquired  into  all  the  facts  and 
circumstances  bearing  on  the  case  in 
point,  the  aforesaid  inspector  finds  that 
the  directors  or  controllers  have  refused, 
neglected,  or  failed  without  valid  cause 
for  such  refusal,  neglect  or  failure  on 
their  part,  to  provide  and  maintain  suit- 
able and  adequate  accommodations  for 
the  school  children  of  the  district,  as  the 
law  requires,  he  shall  so  report  to  the 
court,  or  to  the  judge  appointing  him,  and 
the  court  in  such  case  is  hereby  author- 
ized and  empowered  to  grant  a  rule  upon 
the  directors  or  controllers  then  having 
jurisdiction  in  the  district,  or  such  of 
them  as  have  wilfully  neglected  or  failed 
without  justifiable  excuse  to  perform  the 


(h)  Act  of  June  6,  3893,  sec.  1,  P.  L.  p. 
330. 


OF  PENNSYLVANIA.  51 

duties  enjoined  upon  them  by  law,  to 
show  cause  why  the  court,  or  the  judge 
thereof,  should  not  remove  them  from 
office  and  appoint  others  in  their  stead, 
until  the  next  annual  election  for  direc- 
tors (i). 

ORGANIZATION    OF    THE    BOARD. 

LIX   That  the  term  of  office  of  school   Term  of  office  to 

_  „  T  begin  first  Mon- 

directors  from  and  after  the  first  of  Janu-    day  in  June.     • 
ary,   Anno    Domini    one    thousand    eight 
hundred  and  sixty-four,  shall  commence 
on  the  first  Monday  of  June,  in  each  and 
every  year:    Provided,  That  the  organiza- 
tion  of   each   board   of   school   directors, 
as  provided  by  the  twelfth  section  of  the 
act  of  the  eighth  of  May,  one  thousand 
eight   hundred    and    fifty-four,    shall    be   when  board  shall 
within  ten  days  of  the  first  Monday   of   begieviedan<1  taX 
June,   in   each   year:     And   provided  fur- 
ther, That  the  school  tax  for  each  year 
shall  not  be  levied  until  after  such  or- 
ganization, and  before  the  first  of  July  of 
each  year  (k). 
LX.  That  each  board  of  school   direc-   officers  of  board 

(i)  Act  of  June  6,  1893,  sec.  2,  P.  L.  p. 
331. 

(k)  Act  of  April  22,  1863,  sec.  1,  P.  L.  p. 
523. 


52  SCHOOL  LAWS  AND  DECISIONS 

tors  and  each  board  of  controllers  in 
cities  and  boroughs,  shall  meet  and  organ- 
ize by  choosing  a  president  and  secretary, 
who  shall  be  members  of  the  board,  and  a 
treasurer,  who  may  be  a  member  of  the 
board,  or  otherwise,  at  the  discretion  of 
the  directors  or  controllers  (1). 

25.  The  first  business  at  the  meeting  for 
organization,  after  the  temporary  organi- 
zation, is  the  reading  of  the  returns  of 
election,  to  ascertain  who  are  members. 

26.  Directors  elect  can  exercise  none  of 
the  powers  pertaining  to  their  office  till 
after  the  organization  of  the  new  board, 
which  cannot  take  place  until  on  or  after 
the  first  Monday  of  June. 

27.  If  a  board  of  directors  fail  to  or- 
ganize, it  is  such  neglect  of  duty  as  will 
justify  the  court  of  quarter  sessions,  upon 
the  complaint  of  six  taxable  citizens  of 
the  district,  and  upon  due  proof  thereof, 
to  declare  their  seats  vacant,  and  appoint 
others  in  their  stead. 

28.  If  the  school  directors  neglect  to  or- 

(1)  Act  of  May  8,  1854,  sec.  12,  P.  L.  p. 
619. 


OF  PENNSYLVANIA.  53 

ganize  within  ten  days  after  the  first  Mon- 
day of  June,  as  specified  by  law,  they 
may  do  so  at  a  future  time,  and  such  or- 
ganization will  be  strictly  legal,  if  no  final 
steps  should  be  taken  in  the  meantime  to 
remove  the  directors  elect  from  office  by 
due  course  of  law. 

29.  The  officers  and  members  of  the  old 
board  are  to  perform  their  several  duties 
until  the  first  Monday  of  June.  The  or- 
ganization of  the  old  board  ceases  with 
the  first  Monday  in  June,  but  steps  should 
be  previously  taken  for  calling  a  meeting 
of  the  new  board  in  accordance  with  the 
provision  of  law. 


DUTIES  OF  OFFICERS. 

A.    The  President. 

LXI.  That   the  president   shall   preside    Duties  of  presi- 
dent, 
at  the  meetings  of  the  board,  call  special 

meetings  when  necessary,  issue  the  dupli- 
cate and  warrant  for  the  collection  of 
the  district  taxes,  take  sufficient  bond 
from  the  district  treasurer  for  the  faith- 


54  SCHOOL  LAWS  AND  DECISIONS 

ful  discharge  of  his  duty,  and  sign  the 
certificate  of  the  assessment  of  the  dis- 
trict taxes,  and  all  orders  on  the  district 
treasurer  by  order  of  the  board,  also  the 
annual  report  of  the  district  to  the  county 
superintendent,  and  generally  do  and  per- 
form all  other  acts  and  duties  lawfully 
pertaining  to  the  office  of  president  of 
the  board  (m). 

30.  'All  deeds  and  contracts  by  the  dis- 
tricts, including  those  with  teachers,  are 
to  be  signed  by  the  president. 

31.  The  president  is  to  swear  or  affirm 
to  the  annual  certificate  setting  forth  the 
time  that  the  schools  have  been  open  and 
in  operation. 

32.  The  president  votes  on  every  ques- 
tion like  any  other  member. 


B.     The   Secretary. 

Duties  of  secre-  LXII.  That  the  secretary  shall  keep  full 

minutes  of  all  the  proceedings  of  the 
board,  in  a  book  provided  for  that  pur- 
pose, prepare  the  duplicate  of  school  tax, 
keep  an  account  of  all  abatements  and  ex- 
onerations made  by  the  board,   prepare, 

(m)  Act  May  8,  1854,  sec.  13,  P.  L.  p.  619. 


OF  PENNSYLVANIA.  55 

attest,  and  forward  to  the  county  superin- 
tendent the  annual  certificate  of  the  num- 
ber of  months  during  the  year  that  the 
schools  have  been  kept  open  and  in  oper- 
ation according  to  law.  Also,  the  annual 
report  of  the  district,  prepare  and  attest 
all  orders  on  the  treasurer,  and  do  and 
perform  all  other  acts  and  duties  lawfully 
pertaining  to  the  office  of  secretary  of  the   May  receive  com - 

,     ,,  .  pensation. 

board,  and  for  his  services  shall  receive 
such  compensation  as  the  board  may  di- 
rect (n). 

33.  The  names  and  P.  O.  address  of  the 
president,  secretary  and  treasurer,  are 
to  be  sent,  upon  the  organization  of  the 
board,  at  the  first  meeting  after  the  an- 
nual election  of  directors,  by  the  secre- 
tary, to  the  Superintendent  of  Public  In- 
struction, at  Harrisburg,  and  also  to  the 
county    superintendent. 

34.  The  secretary  is  to  countersign — 
that  is,  officially  attest — all  deeds  and 
contracts   of   the   board,   after   they  have 

been  signed  by  the  president.  If  the 
board  have  a  seal,  the  secretary  is  to 
have  the  custody  of  it,  and  is  to  affix  it 


(n)  Act  May  8,  1854,  sec.  14,  P.  L.  p.  619. 


56  SCHOOL  LAWS  AND  DECISIONS 

to  all  deeds  and  contracts  signed  by  the 
president. 

35.  The  secretary  is  to  receive  the 
monthly  reports  from  the  teachers,  exam- 
ine them,  and  if  correct  sign  them,  if  not 
correct  he  is  to  have  them  made  so  be- 
fore issuing  the  monthly  order  for  the 
teacher's  salary. 

36.  At  the  end  of  the  term,  the  books 
of  monthly  reports  are  to  be  deposited 
with  the  secretary,  and  kept  by  him  till 
the   commencement  of  the   next  term. 

37.  The  secretary  is  to  see  that  the  "last 
adjusted  valuation,"  of  taxable  persons 
and  property  is  procured  from  the 
county  commissioners  in  time  for  the 
making  out  of  the  duplicate. 

38.  The  duplicate  is  to  be  made  out  by 
the  secretary  under  the  direction  of  the 
board.  He  is  also  to  countersign  it,  and 
keep  an  account  of  all  exonerations. 

39.  The  "Pennsylvania  School  Journal," 
when  supplied  to  each  district  at  the 
expense  of  the  State,  is  sent  to  the  sec- 
retary, and  each  copy  is  to  be  by  him  laid 


OF  PENNSYLVANIA.  57 

before    the    board    at   the    next    meeting 
after  its  reception. 

40.  The  file  of  the  Journal,  thus  re- 
ceived, is  also  to  be  preserved  and  trans- 
mitted to  his  successor  in  office. 

41.  The  secretary  is  to  keep  the  deeds, 
contracts  and  other  valuable  papers  and 
documents  of  the  district  and  transmit 
them  to  his  successor. 

LXIII.  Immediately    after    the    annual   secretary  to  no- 
appointment  of  the  teachers  of  each  dis-    entofUtencher"d~ 
trict,  the  secretary  of  the  board  shall  send    feSgthV/term. 
a   written   list   of   their   names,   and   the 
schools  to  which  they  have  been  respec- 
tively appointed,  to  the  proper  county  su- 
perintendent,  with   a   notice   of   the   day 
upon  which  the  ensuing  term  of  school, 
in   the   district,   will   commence,  and   the 
termination    thereof,    as   directed    by   the 
board  (o). 

C.     The  Treasurer. 

LXIV.  That    the    treasurer    shall    give   Treasurer  to  Rive 
bond  to  the  president  for  the  use  of  the 
district,  in   such  amount  and   with   such 
sureties   as  shall     be     approved    by   the 
board,  for  the  faithful  performance  of  his 


bond. 


(o)  Act  April  11,  1862,  sec.  4,  P.  L.  p.  472. 


58  SCHOOL  LAWS  AND  DECISIONS 

duty;  he  shall  receive  all  State  appro- 
priations, district  tax,  and  other  funds  of 
the  district,  and  pay  thereout  all  orders 
of  the  board  signed  by  the  president  and 
Hjs.powers and  attested  by  the  secretary;  he  shall  settle 
his  accounts  annually  with  the  directors 
and  controllers,  in  default  of  which  he 
shall  not  be  re-appointed;  he  shall  pay 
over  the  balance  without  delay  to  his 
successor  in  office,  and  generally  do  and 
perform  all  acts  and  duties  lawfully  per- 
taining to  his  office  as  district  treasurer, 
and  shall  be  allowed  to  retain  not  ex- 
ceeding two  per  cent,  on  the  money  pass- 
ing through  his  hands  for  his  services  (.p). 

42.  The  treasurer  is  not  to  enter  upon 
the  duties  of  his  office  till  his  official  bond 
has  been  presented  and  approved  by  the 
board. 

43.  A  treasurer  has  no  right  to  go  be- 
hind a  school  order  to  inquire  into  the 
propriety  of  its  amount.  If  it  be  for  a 
legal  purpose,  and  signed  by  the  presi- 
dent and  attested  by  the  secretary,  he 
must  promptly  pay  it,  without  delay  or 
objection,  upon  presentation  by  the  right- 
ful holder,  in  legal  currency,  or  as  good 


(p)  Act  May  8,  1854,  sec.  16,  P.  L.  p.  -G20. 


OP  PENNSYLVANIA.  59 

current  money  as  he  received.  If  he  have 
no  school  money  in  his  hands,  that  cause 
of  refusal  to  pay  should  be  immediately 
reported  to  the  directors,  who  should  take 
prompt  measure  to  obviate  the  difficulty. 

44.  It  is  the  legal  right  of  teachers  and 
others  to  have  their  school  orders  paid  in 
cash  upon  presentation  to  the  treasurer, 
without  hindrance  or  delay. 

45.  It  is  a  gross  violation  of  duty  for  a 
school  treasurer  to  purchase  school  or- 
ders; and  if  he  do  it  with  his  own  funds 
when  there  is  money  in  the  treasury, 
he  should  be  immediately  removed  from 
office,  and  punished  for  the  offense. 

46.  Every  order  should  state  on  its  face 
the  purpose  for  which  it  was  drawn.  If 
it  do  not,  the  treasurer  is  not  bound  to 
pay  it;  or  the  auditors  on  the  settlement 
of  his  accounts  may  refuse  to  allow  it. 

47.  Executions  are  to  be  paid  by  the 
treasurer,  out  of  any  "unappropriated" 
funds  in  his  hands,  or  which  shall  first 
come  into  his  hands.  "Unappropriated" 
here  means  money  in  the  treasury  beyond 
the  amount  of  the  orders  issued  by  the 


60  SCHOOL  LAWS  AND  DECISIONS 

board  but  not  paid,  previous  to  the  ser- 
vice of  the  writ  of  execution.  An  amount 
sufficient  to  pay  those  previously  issued 
orders  is  to  be  regarded  as  appropriated. 

48.  No  treasurer  is  to  be  re-appointed 
till  his  accounts  for  the  preceding  year 
have  been  settled  by  the  board,  and  au- 
dited by  the  district  auditors. 

49.  The  settlement  by  the  board  is  for 
the  purpose  of  ascertaining  the  condition 
of  the  district  accounts,  the  amount  of 
tax,  etc.,  paid  in,  and  of  money  paid  out, 
and  the  balance  on  hand,  if  any,  for  the 
information   of  the   board. 

50.  The  settlement  by  the  auditors,  of 
the  treasurer's  accounts,  is  to  verify  those 
accounts,  and  to  enable  an  appeal  to  be 
taken  to  court,  by  either  party,  if  the 
case  demand  it. 

51.  The  accounts  of  treasurers  of  inde 
pendent  districts  will  be   settled  by  the 
auditors  of  the  township  from  which  the 
district  was  taken. 

52.  Percentage  is  not  to  be  allowed  to 
any    outgoing    treasurer,    on    the    unex- 


OP  PENNSYLVANIA.  61 

pended  balance  in  the  district  treasury, 
handed  over  to  his  successor. 

53.  Treasurers  who  refuse  or  neglect  to 
pay  over  to  their  successors  in  office  any 
balance  of  funds  in  their  hands,  are  li- 
able to  the  district  for  interest  on  the 
same  from  the  time  when  this  should 
have  been  paid  over. 

54.  If  a  school  treasurer  should  convert 
to  his  own  use,  or  use  by  way  of  invest- 
ment, any  school  moneys  in  his  hands, 
or  prove  a  defaulter,  the  act  will  be 
deemed  an  embezzlement,  and  be  pun- 
ished   as    a    misdemeanor. 

LXV.  That    the    treasurer    shall    settle  Must  settle  his 
his  accounts  annually  with  the  directors   accounts- 
or    controllers,    in    default   of    which    he 
shall  not  be  reappointed  (q). 

D.     General  Provision. 
LXVI.  That  if  the  president  or  secre-   when  president 

or  secretary  pro 

tary  shall  absent  himself  from  any  meet-   tern,  may  be  ap- 
ing of  the  board,  or,   being  present,  re- 
fuse to  perform  any  of  the  duties  of  his 
office,  a  president  or  secretary  pro  tem- 
pore shall  be  appointed  by  the  members 

(q)  Act  May  8,  1854,  sec.  16,  P.  L.  p.  620. 


pointed. 


52 


SCHOOL  LAWS  AND  DECISIONS 


Meetings  of  di- 
rectors and  con- 
trollers. 

Stated  meeting. 


present,  and  entry  thereof  be  made  on  the 
minutes;  and  the  acts  necessarily  per- 
formed by  such  president  or  secretary  pro 
tempore,  during  such  meeting,  shall  be  as 
valid  and  binding  on  the  board  and  dis- 
trict as  if  they  had  been  performed  by 
the  regular  officers  of  the  board  (r). 

55.  This  act  is  intended  to  prevent  de- 
lay in  the  proceedings  of  a  board,  by  the 
absence,  or,  if  present,  by  the  refusal  to 
act,  of  the  regular  officers.  If  others  are 
appointed  in  such  cases,  pro  tempore,  the 
fact,  either  of  absence  or  refusal  to  act, 
should  be  entered  on  the  minutes,  with 
the  names  of  the  persons  substituted. 
This  being  done,  the  official  acts  of  the 
officers  pro  tempore,  or  either  of  them,  are 
as  valid  and  binding  on  the  district  as 
those  of  the  regular  officers  would  have 
been,  had  they  acted. 

Meetings  of  the  Board. 

LXVII.  That  each  board  of  directors 
and  controllers  should  hold  at  least  one 
stated  meeting  in  every  three  months; 
and  such  other  meetings  as  the  circum- 


(r)  Act  May  8,  1854,  sec.  15,  P.  L.  p.  620. 


OF  PENNSYLVANIA.  63 


stances  of  the  district  may  require,  shall 
be  held  at  such  time  and  place  as  may  be 
designated  by  the  president  and  secretary, 
upon  due  notice  given  to  each  member 
of  the  board.  If  less  than  a  majority  of 
directors  or  controllers  attend  any  meet- 
ing, no  business  shall  be  transacted  there- 
at, except  that  of  adjournment,  and  of 
appointment  to  fill  vacancies  in  the  board, 
as  is  hereinbefore  directed  (s). 

56.  The  minutes  of  the  last  preceding 
regular  and  of  all  intervening  special  or 
called  meetings,  should  be  read  imme- 
diately after  calling  the  roll,  at  every 
regular  meeting.  But  the  minutes  of 
previous  meetings  need  not  be  read  at  any 
special  or  called  meetings. 

57.  Four  members,  regularly  convened, 
can  transact  any  business  within  the 
power  of  the  board;  and  the  majority  of  a 
quorum  (three)  can  decide  any  question, 
except  those  specified  in  section  LXX, 
each  of  which  requires  the  votes  of  four 
in  the  affirmative  to  adopt  it;  and,  in 
these  cases,  the  names  of  those  voting  in 


(s)  Act  May  8,  1854,  sec.  17,  P.  L.  p.  620. 


64  SCHOOL  LAWS  AND  DECISIONS 

the  affirmative  and  negative  are  both  en- 
tered on  the  minutes. 

58.  All  motions  and  resolutions  of  im- 
portance, such  as  those  for  the  laying  of 
tax,  purchase  or  sale  of  houses  and  lots, 
fixing  the  duration  of  the  school  term, 
etc.,  should  be  put  in  writing  by  the  per- 
son offering  them,  before  being  enter- 
tained by  the  president,  and  should  be 
entered  on  the  minutes  at  length. 

59.  If  less  than  four  members  attend,  na 
business  can  be  legally  transacted,  except 
adjourning  to  some  future  time,  then  to 
be  named,  and  filling  vacancies  in  the 
board. 

60.  Directors,  as  individuals,  signing  an 
agreement  to  purchase  articles  of  furni- 
ture or  apparatus  for  the  schools,  does 
not  bind  the  board.  What  men  do  as 
individuals,  they  are  presumed  to  do  for 
themselves;  the  members  of  a  board  of 
directors  cannot  act  legally  unless  they 
act  in  a  body.  Of  course  a  board  of  direc- 
tors can  authorize  a  member  to  discharge 
some  duty,  and  then  his  acts,  within  the 


OF  PENNSYLVANIA.  65 

limit  of  his  authority,  are  legal.  A  board 
of  directors  may  also  sanction  the  indi- 
vidual acts  of  members,  and  thus  legalize 
them;  but  the  only  safe  way  is  to  act  in  a 
body,  as  the  law  enjoins. 

61.  A  tie  vote  loses  the  question;  that 
is,  the  same  number  of  votes  on  each  side; 
or,  rather,  failing  to  carry  by  a  majority 
of  those  voting,  it  leaves  the  question 
where  it  was  before  the  vote  was  taken, 
and  therefore  effects  no  change. 

62.  Every  regular  meeting  should  ad- 
journ to  meet  again  at  a  time  and  place 
then  agreed  on,  and  so  entered  on  the 
minutes;  unless  the  time  and  place  are 
determined  by  the  standing  regulations, 
which  ought  always  to  be  the  case. 

LXVIII.  That   the   term   "stated   meet-   Meetings  regu- 
lated. 
ing,"  or  "regular  meeting,"  of  the  board 

of  directors  or  controllers,  whenever  they 
occur  in  the  act  to  which  this  is  a  further 
supplement,  shall  hereafter  be  taken  to 
mean  the  first  meeting  thereof  for  organi- 
zation, after  the  annual  election  of  direc- 
tors or  controllers,  and  the  monthly  or 
other  periodical  meetings  held  thereafter, 
5 


66  SCHOOL  LAWS  AND  DECISIONS 

in  accordance  with  the  standing  regula- 
tions of  the  board.  But,  if  there  are  no 
standing  regulations,  then  every  meeting 
held  in  succession,  from  said  first  meet- 
ing for  organization,  by  adjournment  to 
a  time  and  place  certain,  and  so  entered 
on  the  minutes  of  the  proper  board,  shall 
be,  to  all  intents  and  purposes,  regarded 
as  a  regular  meeting  (t). 

63.  No  business  can  be  transacted  at  a 
special  or  called  meeting,  except  that  for 
which  the  meeting  was  called,  and  which 
is  either  to  be  specified  in  the  call,  or 
stated  by  the  president  at  the  opening  of 
the  meeting,  and  put  on  the  minutes. 

64.  A  called  or  special  meeting  need  not 
be  adjourned  to  any  time  or  place,  unless 
the  special  business  has  not  been  com- 
pleted, when  it  may  adjourn  to  some  time 
and  place  named,  for  the  special  purpose 
of  completing  it. 

How  special  LXIX.  If  the  president  of  the  board  of 

meetings  may  be  ,        ,      ..  ,,  ,     ,, 

called  on  neglect     school   directors  or   controllers  shall  ne- 
of  president.  glect  m,  refuse  to  call  special  meetings, 

when  required  by  a  written  request  signed 
by    three    members    of   the    board,    such 


(t)  Act  April  11,  1862,  sec.  3,  P.  L.  p.  471. 


OF  PENNSYLVANIA. 


67 


meetings  may  be  called  by  any  two  mem- 
bers of  said  board,  and  any  business 
transacted  at  a  meeting  so  called  shall 
be  legal,  the  same  as  though  the  meetings 
had  been  held  pursuant  to  a  notice  given 
by  the  president  (v). 

LXX.  That  no  tax  for  school  or  build- 
ing purposes  shall  be  levied,  no  resolu- 
tions shall  be  adopted  for  the  purchase  or 
sale  of  any  school  real  estate,  no  school 
house  shall  be  located,  or  its  location 
abandoned  or  changed,  no  teacher  shall 
be  appointed  or  dismissed,  no  annual 
school  term  shall  be  determined  on,  nor 
shall  any  general  course  of  studies  be 
adopted  or  annual  series  of  text  books  be 
selected,  in  any  common  school  district, 
except  by  the  affirmative  votes  of  a  ma- 
jority of  the  whole  number  of  the  direc- 
tors or  controllers  thereof;  and  in  each  of 
said  cases  the  names  of  the  members 
voting,  both  in  the  affirmative  and  the 
negative,  shall  be  so  entered  on  the  min- 
utes of  the  board  by  the  secretary  (w). 


No  action  to  be 
had  in  certain 
cases  except  on 
vote  of  a  majority 
of  the  board. 


Powers  and  Duties  of  Directors  and 

Controllers. 
LXXI.  That  the  board  of  directors  of 

(v)  Act  April  17,  1865,  sec.  2,  P.  L.  p.  62. 
(w)  Act  April  11,  1862,  sec.4,  P.  L.  p.  472. 


68 


SI  HOOL  LAWS  AND  DECISIONS 


Powers  and  duties 
of  directors. 


To  establish 
schools  for 
minors  of  oertain 
ages. 


Children  not 
allowed  to  attend 
schools. 


every  district,  and  controllers  in  cities  and 
boroughs,  under  the  provisions  of  section 
second,  shall  possess  and  exercise  the  fol- 
lowing powers  and  perform  the  following 
duties,  together  with  the  other  powers  and 
duties  given  and  enjoined  by  this  act  (x). 

LXXII.  They  shall  establish  a  sufficient 
number  of  common  schools  for  the 
education  of  every  individual  above  the 
age  of  six  and  under  twenty-one  years, 
in  their  respective  districts,  who  may  ap- 
ply for  admission  and  instruction,  either 
in  person,  or  by  parent,  guardian  or  next 
friend  (y). 

LXXIII.  No  child  or  other  person  belong- 
ing to,  or  residing  with  the  family  of  any 
person  or  residing  in  the  same  house  in 
which  any  person  may  be  located  who  is 
suffering  from  cholera,  small-pox,  (variola 
or  varioloid,)  scarlet  fever,  typhus  fever, 
yellow  fever,  relapsing  fever,  diphtheria, 
diphtheritic  croup,  membraneous  croup 
or  leprosy  shall  be  permitted  to  attend 
any  public,  private,  parochial,  Sunday  or 
other  school  in  said  municipalities,  and 
all  school  principals,  Sunday  school  su- 
perintendents or  other  persons  in  charge 


(x)  Act  May  8,  1854,  sec.  23,  P.  L.  p.  621. 
(y)  Act  May  8,  1854,  sec.  23,  P.  L.  p.  621. 


OF  PENNSYLVANIA. 


69 


of  such  schools,  are  hereby  required  to 
exclude  any  and  all  such  children  and 
persons  from  said  schools,  such  exclusion 
to  continue  for  a  period  of  thirty  days 
following  the  discharge  by  recovery  or 
death  of  the  person  last  afflicted  in  said 
house  or  family,  or  his  or  her  removal 
to  hospital,  and  the  thorough  disinfection 
of  the  premises,  and  all  such  children  or 
other  persons  as  aforesaid,  before  being 
permitted  to  attend  or  return  to  school, 
shall  furnish  to  said  principal  or  other 
person  in  charge  of  said  schools,  a  cer- 
tificate signed  by  the  medical  attendant 
of  said  children  or  persons,  or  by  a  phy- 
sician to  be  designated  by  the  health  au- 
thorities of  said  municipalities,  setting 
forth  that  the  thirty  days  mentioned  in 
this  section  have  fully  expired:  Provided 
however,  That  the  health  authorities  may 
by  rule  or  regulation  provide  that  such 
certificates  shall  only  be  given  by  a  per- 
son to  be  designated  by  said  authorities, 
and  in  such  case  no  other  certificate  shall 
be  recognized  (z). 

LXXIV.  All  principals  or  other  persons 
in  charge  of  schools  as  aforesaid  are  here- 
by  required   to   refuse  the  admission  of 

(z)  Act  June  18,  1895,  sec.  11,  P.L.  p.  206. 


Shall  oe  excluded 
for  thirty  days 
after  recovery  of 
person  last  afflict- 
ed In  house. 


Must  have'certi- 
flcate  from  medi- 
cal attendant. 


Proviso. 


70 


SCHOOL  LAM'S  AND  DECISIONS 


Principals  of 
schools  must  re- 
fuse admission 
of  children  except 
on  certificate 
showing  that 
child  has  been 
vaccinated  or  has 
had  small-pox. 


Blanks  shall  be 
furnished  prin- 
cipals of  schools. 


School  registry  of 
all  children  ad- 
mitted or  rejected 
under  provisions 
of  this  act. 


Health  authori- 
ties shall  furnish 
daily  reports  to 
schools. 


Contents  of  re- 
ports. 


any  child  to  the  schools  under  their 
charge  or  supervision,  except  upon  a  cer- 
tificate signed  by  a  physician,  setting 
forth  that  such  child  has  been  success- 
fully vaccinated,  or  that  it  has  previously 
had  small-pox  (a). 

LXXV.  The  health  authorities  of  said 
municipalities  shall  furnish  to  princi- 
pals or  other  persons  in  charge  of  said 
schools,  and  to  physicians,  the  necessary 
certificates  or  blanks  for  the  uses  and 
purposes  as  set  forth  and  required  in  sec- 
tions one,  eleven  and  twelve  of  this  act. 
The  registry  of  said  school  shall  exhibit 
the  names  and  residences  of  all  children 
or  persons  admitted  or  rejected  for  rea- 
sons set  forth  in  this  act,  and  said  reg- 
istry shall  be  open  at  all  times  to  the  in- 
spection of  the  health  authorities  (b). 

LXXVI.  It  shall  be  the  duty  of  the 
health  authorities  in  the  several  munici- 
palities as  aforesaid  to  furnish  daily,  by 
mail  or  otherwise,  to  principals  or  other 
persons  in  charge  of  said  schools,  a 
printed  or  written  bulletin,  containing 
the  name,  location  and  disease  of  all  per- 
sons   suffering    from  cholera,   small-pox, 


(a)  Act  June  18,  1895,  sec.  12,  P.L.  p.  207. 

(b)  Act  June  18,  1895,  sec.  13,  P.L.  p.  207. 


OF  PENNSYLVANIA.  71 

(variola  or  varioloid,)  scarlet  fever,  ty- 
phus fever,  yellow  fever,  relapsing  fever, 
diphtheria,  diphtheritic  croup,  rnebran- 
eous  croup  or  leprosy,  upon  receipt  by 
them  of  reports  of  such  cases  from  physi- 
cians as  required  in  section  one  of  this 
act:  Provided,  That  the  health  authori-  proviso, 
ties  of  any  municipality  may,  in  lieu  of 
the  daily  bulletin  herein  required,  pro- 
vide that  a  notice  shall  be  given  to  the 
school  or  schools  attended  by  the  children 
in  whose  home  or  residence  any  of  the 
diseases  mentioned  in  this  section  exist, 
and  prescribe  the  form  of  said  notice  (c). 

LXXVII.  Any    physician,    undertaker,    penalty  for  vioia- 

.  •  -i  j.     tion  of  any  of  tbe 

principal  of  a  school,  superintendent  ot  provisions  of  this 
a  Sunday  school,  sexton,  janitor,  head  of 
a  family  or  any  other  person  or  persons 
named  in  this  act,  who  shall  fail,  neglect 
or  refuse  to  comply  with,  or  who  shall 
violate  any  of  the  provisions  or  require- 
ments of  this  act,  shall  for  every  such 
offence,  upon  conviction  thereof  before 
any  mayor,  burgess,  alderman,  police 
magistrate,  or  justice  of  the  peace  of  the 
municipality  in  which  said  offence  was 
committed,  be  liable  to  a  fine  or  penalty 
therefor  of  not  less  than  five  dollars,  nor 


act. 


(c)  Act  June  18,  1895,  sec.  14,  P.L.  p.  207. 


72 


SCHOOL  LAWS  AND  DECISIONS 


Fine  to  be  paid 
into  treasury  of 
municipality.  D 


Imprisonment. 


Duties  of  parents. 


Age  of  children 
who  must  attend 
school. 


Time  children 
shall  attend 
school. 


Unless  excused. 


Reasons  for  ex- 
cuse. 


more  than  one  hundred  dollars,  which 
said  fines  or  penalties  shall  be  paid  into 
the  treasury  of  said  municipality,  and  in 
default  of  payment  thereof,  such  per- 
son or  persons  so  convicted  shall  undergo 
an  imprisonment  in  the  jail  of  the  proper 
county  for  a  period  not  exceeding  sixty 
days  (d). 

LXXVIII.  Be  it  enacted,  &c,  That 
every  parent,  guardian  or  other  person  in 
this  Commonwealth,  having  control  or 
charge  of  a  child  or  children  between 
the  ages  of  eight  and  thirteen  years,  shall 
be  required  to  send  such  child  or  children 
to  a  school  in  which  the  common  English 
branches  are  taught,  and  such  child  or 
children  shall  attend  such  school  during 
at  least  sixteen  weeks  of  each  year  in 
which  schools  in  their  respective  dis- 
tricts shall  be  in  session,  unless  such  child 
or  children  shall  be  excused  from  such  at- 
tendance by  the  board  of  the  school  dis- 
trict in  which  parent,  guardian  or  other 
person  resides,  upon  the  presentation  to 
said  board  of  satisfactory  evidence  show- 
ing such  child  or  children  are  prevented 
from  attendance  at  school,  or  application 
to  study,  by  mental  or  physical  or  other 


(d)  Act  June  18,  1895,  sec.  21,  P.L.  p.  208. 


OF  PENNSYLVANIA. 


73 


urgent  reasons:  Provided,  That  in  case  proviso, 
there  be  no  public  school  in  session  with- 
in two  miles  of  the  nearest  traveled  road 
of  any  person  within  the  school  district, 
he  or  she  shall  not  be  liable  to  the  pro- 
visions of  this  act:  Provided,  That  this  proviso. 
act  shall  not  apply  to  any  child  that  has 
been  or  is  being  otherwise  instructed  in 
the  common  English  branches  of  learning 
for  a  like  period  of  time:  And  provided  Proviso, 
further,  That  the  certificate  of  any  prin- 
cipal of  any  school  of  educational  insti- 
tution, or  of  any  teacher,  that  any  child 
has  been  or  is  being  so  instructed,  issued 
to  such  child  or  its  parents  or  guardians 
shall  be  sufficient  and  satisfactory  evi- 
dence thereof  (e). 

LXXIX.  For  every  neglect  of  duty  im-   penalty  for  vioia- 
posed  by  the  first  section  of  this  act,  the   per"  °n  parental 
person    in    parental      relation     offending   relation, 
shall   be   guilty   of  a   misdemeanor,   and 
shall,   upon    conviction    thereof    before   a 
justice  of  the  peace  or  alderman,  forfeit 
a  fine  not  exceeding  two  dollars  on  the 
first  conviction,  and  a  fine  not  exceeding 
five   dollars  for  each  subsequent  convic- 
tion:   Provided,  Upon  conviction  the  de-   Provlso. 
fendant  or  defendants  may  appeal  to  the 


(e)  Act  May  16,  1895,  sec.  1,  P.  L.  p.  72. 
5* 


74 


SCHOOL  LAWS  AND  DECISIONS 


Proviso. 


Fines  shall  be 
paid  over  to 
county  treasurer 


For  use  of  school 
district. 


How  applied. 


Collection  of 
tines. 


Attendance 
officers,  appoint- 
ment of. 


court  of  quarter  sessions  of  the  peace 
of  the  proper  county  within  thirty  days, 
upon  entering  into  recognizance  with  one 
surety  for  the  amount  of  fines  and  costs: 
Provided  however,  That  before  such  pen- 
alty shall  be  incurred,  the  parent,  guar- 
dian or  other  person  liable  therefor,  shall 
be  notified  in  writing  by  the  secretary  of 
the  school  board,  or  by  the  attendance 
officer,  if  there  be  one,  of  such  liability, 
and  shall  have  opportunity  by  compliance 
with  the  requirements  of  this  act  then 
and  thereafter  to  avoid  the  imposition 
of  such  penalty.  The  fines  provid- 
ed for  by  this  act  shall,  when  col-' 
lected,  be  paid  over  by  the  officers  collect- 
ing the  same  into  the  county  treasury  of 
the  respective  counties,  for  the  use  of  the 
proper  school  treasurer  of  the  city  or 
school  district  in  which  such  person  con- 
victed resides,  to  be  applied  and  account- 
ed for  by  such  treasurers  in  the  same 
way  as  other  moneys  raised  for  school 
purposes;  such  fines  shall  be  collected 
by  a  process  of  law  similar  to  the  collec- 
tion of  other  fines  (f). 

LXXX.  If  deemed  necessary  for  the 
better  enforcement  of  the  provisions  of 
this    act,    boards    of    school    directors    or 


(f)  Act  May  16,  1895,  sec.  2,  P.  L.  p.  72. 


OF  PENNSYLVANIA. 


75 


school  controllers  in  cities,  boroughs  and 
townships,  may  employ  one  or  more 
persons  to  be  known  as  attendance  offi- 
cers, whose  duty  it  shall  be  to  look 
after,  apprehend  and  place  in  such  schools 
as  the  person  in  parental  relation  may 
designate,  truants  and  others  who  fail  to 
attend  school  in  accordance  with  the  pro- 
visions of  this  act.  The  persons  appoint- 
ed such  attendance  officers  shall  be  en- 
titled to  such  compensation,  not  exceed- 
ing two  dollars  a  day,  as  shall  be  fixed  by 
the  boards  appointing  them,  and  such 
compensation  may  be  paid  out  of  the 
school  fund;  boards  of  directors  or  con- 
trollers may  set  apart  school  rooms  in 
public  school  buildings  for  children  who 
are  habitual  truants,  or  who  are  insub- 
ordinate or  disorderly  during  their  at- 
tendance upon  instruction  in  the  public 
schools  (g). 

LXXXI.  It  shall  be  the  duty  of  the  as- 
sessor of  voters  of  every  district,  at  the 
spring  registration  of  voters,  or  as  soon 
as  possible  thereafter,  to  make,  in  a  sub- 
stantial book  provided  by  .  the  county 
commissioners  for  that  purpose,  a  careful 
and  correct  list  of  all   children  between 


Duty  of. 


Compensation  of. 


IIow  paid. 


Rooms  fortruants 
or  disorderly  chil- 
dren. 


Assessors  shall 
make  list  of  chil- 
dren. 


What  shall  be  set 
out  in  list. 


(g)  Act  May  16,  1895,  sec.  2,  P.  L.  p.  73. 


76 


SCHOOL  LAWS  AND  DECISIONS 


List  shall  be  re- 
turned to  county 
commissioners, 
who  shall  certify 
same  to  secretary 
of  school  district. 


List  shall  be  fur- 
nished to  teacher. 


Compensation  of 
assessors. 


Report  of  teacher 
to  secretary  of 
school  board  of 
children  who 
have  been  absent. 


the  ages  of  eight  and  thirteen  years 
within  his  district,  giving  the  name,  age 
and  residence  of  each,  and  whether  in 
charge  of  a  parent,  guardian  or  other 
person,  together  with  such  other  infor- 
mation as  may  be  deemed  necessary, 
which  enumeration  shall  be  returned  by 
said  assessor  to  the  county  commissioners 
of  the  county  in  which  the  enumeration 
is  made,  whose  duty  it  will  be  to  certify 
it  to  the  secretary  of  the  proper  school 
district,  who  shall  immediately  furnish 
the  principal  or  teacher  of  each  school 
with  a  correct  list  of  all  children  in  his 
or  her  district  who  are  subject  to  the  pro- 
visions of  this  act.  And  the  said  asses- 
sors shall  be  paid  a  per  diem  compensa- 
tion for  their  services,  a  sum  equal  to  the 
compensation  paid  under  existing  laws 
for  assessors  of  election,  said  services  not 
to  exceed  ten  days  (h). 

LXXXII.  It  shall  be  the  duty  of  each 
teacher  in  the  school  district  to  report 
immediately  to  the  secretary  of  the  board 
of  directors  or  controllers,  and  there- 
after at  the.  close  of  each  school  month, 
the  names  of  all  children  on  the  list  pre- 
viously  furnished   by  the  secretary  who 


(h)  Act  May  16,  1895,  sec.  4,  P.  L.  p.  73. 


OF  PENNSYLVANIA. 


77 


were  absent  without  satisfactory  cause 
for  five  days  during  the  month  for  which 
the  report  shall  be  made,  when,  if  it  shall 
appear  that  any  parent,  guardian  or  other 
person  having  control  of  any  child  or 
children  shall  have  failed  to  comply  with 
the  provisions  of  this  act,  after  due  noti- 
fication in  writing  as  provided  in  section 
two,  the  secretary,  or  attendance  officer, 
if  there  be  one,  in  the  name  of  the  school 
district,  shall  proceed  against  the  offend- 
ing party  or  parties  in  accordance  with 
law  by  complaint  before  any  alderman 
or  justice  of  the  peace:  Provided  further, 
That  if  sufficient  cause  be  shown  for  the 
neglect  of  the  requirements  of  this  act, 
the  cost  of  said  proceedings  shall  be  paid 
out  of  the  district  funds  upon  a  proper 
voucher  approved  by  the  board  of  direc- 
tors or  controllers  (i). 

LXXXIII.  The  secretary  or  attendance 
officer,  if  there  be  one,  of  any  board  of 
directors  or  controllers  who  wilfully  re- 
fuses or  neglects  to  comply  with  the  pro- 
visions of  this  act  shall  be  guilty  of  a  mis- 
demeanor, and  upon  conviction  thereof 
before    an    alderman    or    justice    of   the 

(i)  Act  May  16,  1895,  sec.  5,  P.  L.  p.  74. 


Notice  of  absence 
to  parent  or 
guardian. 


Complaint  against 
person  offending. 


When  district 
shall  pay  cost  of 
complaint. 


Neglect  of  duty 
by  secretary  or 
attendance 
officer. 


78  SCHOOL  LAWS  AND  DECISIONS 

Penalty.  peace,  shall  forfeit  a  fine  not  exceeding 

twenty-five   dollars   (k). 

Repeal.  LXXXIV.  All  laws  or  parts  of  laws  in- 

consistent herewith  are  hereby  repealed. 

65.  The  number  of  schools  to  be  estab- 
lished in  any  district  is  not  fixed  by  law. 
There  must  be  "a  sufficient  number  for 
the  education  of  every  individual,  be- 
tween six  and  twenty-one  years,  who  may 
apply  for  admission  and  instruction." 

66.  This  number  is  to  be  ascertained, 
not  by  any  arbitrary  rule  of  the  board, 
but  deduced  from  the  experience  of  teach- 
ers and  schools.  It  is  found  that  one 
teacher  cannot  do  justice  to  more  than 
fifty  pupils  in  daily  attendance,  in  a 
mixed  school — if  he  can  to  so  many; 
and  therefore  a  daily  attendance  of  ma- 
terially over  this  number  in  any  of  the 
schools  of  a  district  is  a  violation  of  the 

«,  spirit  of  the  law,   and     the     number  of 

schools  should  be  increased,  or  what  is 
much  better,  where  practicable,  those  al- 
ready in  existence  should  be  graded. 

(k)  Act  May  16,  1895,  sec.  6,  P.  L.  p.  74. 


OF  PENNSYLVANIA.  79 


67.  Neglect  to  provide  a  "sufficient 
number"  of  schools,  is  punishable  by  re- 
moval from  office  of  the  directors  so  neg- 
lecting their  duty,  and  the  appoint- 
ment of  others  in  their  stead. 

68.  Residence  in  the  district  and  fit 
age  are  the  only  requisites  to  entitle  a 
person  to  admission  to  a  common  school 
in  Pennsylvania. 

69.  Neither  payment  of  tax  nor  appli- 
cation by  parent  or  guardian  are  requisite 
to  admission.  The  one  is  indispensable 
for  the  support  of  the  schools,  and  the 
other  is  the  usual  mode  of  obtaining  ad- 
mission to  them;  but  every  youth  resident 
in  the  district,  needing  instruction,  and 
between  six  and  twenty-one  years  of  age, 
must  be  admitted  on  his  or  her  own  appli- 
cation. 

70.  The  residence  of  a  child  is  gener- 
ally that  of  the  parent,  master  or  em- 
ployer, with  whom  he  resides  at  the  time 
of  the  application. 

71.  But  the  residence  of  the  parent  is 
not  necessarily  that  of  the  child,  in  ref- 
erence to  the  school.    If  a  child  reside  in 


80  SCHOOL  LAWS  AND  DECISIONS 

another  district,  with  a  grandparent  or 
other  relative,  as  a  member  of  the  fam- 
ily; or  is  working  for  his  board  and 
clothes,  or  for  money,  with  privilege  to 
attend  school  part  of  the  time;  or  is  in 
any  other  way  separated  from  his  parents 
with  the  consent  of  the  latter,  by  a  per- 
manent arrangement  made  in  good  faith 
and  for  his  own  benefit — he  thereby  ac- 
quires a  new  school  residence,  and  a  right 
of  admission  to  the  schools  of  the  district 
within  which  he  thus  resides. 

72.  Directors  must  determine  for  them- 
selves, in  all  cases  whether  the  residence 
claimed  by  the  applicants  is  such  as  to 
entitle  them  to  admission  to  the  public 
schools  of  the  district  over  which  the 
board  has  official  jurisdiction.  Boards 
may  exercise  a  reasonable  and  liberal 
discretion  in  such  matters.  They  have 
*  authority  to  determine,  according  to  the 

facts  and  circumstances  governing  indi- 
vidual cases,  when  and  where,  in  their 
judgment,  pupils  have  acquired  a  bona 
fide  school  residence. 


OF  PENNSYLVANIA. 


81 


LXXXV.  "That   any   child   or    children    section  1.  act  of 

April  18,  1893, 
cited  for  amend- 


of  any  person  who  was  a  soldier  in  the 
service  of  the  United  States  in  the  late 
war  of  the  rebellion  being,  or  who  shall 
be,  temporarily  or  otherwise  within  any 
school  district  of  the  Commonwealth 
shall,  upon  application,  be  entitled  to  ad- 
mission and  instruction  the  same  as  resi- 
dent children,  in  the  proper  common 
school  of  such  district,  and  notwithstand- 
ing such  child  or  children  may  have  or 
shall  come  into  such  district  for  the  pur- 
pose of  attendance  at  such  school,  and 
the  residence  of  the  parents,  guardian  or 
other  person  or  persons  entitled  by  law 
to  the  custody  of  such  child  or  children 
be  in  another  district,"  be  amended  so  as 
to  read  as  follows: 

That  any  child  or  children  of  any  per- 
son who  was  a  soldier  in  the  service  of 
the  United  States  in  the  late  war  of  the 
rebellion  being,  or  who  shall  be,  tempor- 
arily or  otherwise,  within  any  school  dis- 
trict of  the  Commonwealth  shall,  upon 
application  be  entitled  to  admission  and 
instruction  the  same  as  resident  children 
in  the  proper  common  school  of  such  dis- 
trict, and  notwithstanding  such  child  or 
children  may  have  or  shall  come  into 
such  district,  daily  or  weekly,  for  the 
6 


ment. 


Children  of  sol- 
diers entitled  to 
instruction  In 
district  schools. 


82 


SCHOOL  LAWS  AND  DECISIONS 


purpose  of  attendance  at  such  school,  and 
the  residence  of  the  parents,  guardian  or 
other  person  or  persons  entitled  by  law 
to  the  custody  of  such  child  or  children 
Proviso  as  to  cost   be  in  another  district:       Provided,  That 

of  instruction. 

such  pupils  shall  be  charged  for  by  the 
month  at  the  same  rate  as  it  costs  the 
district  receiving  them,  per  pupil,  to  keep 
its  school  in  operation,  and  that  the  bill 
for  such  tuition  shall  be  sworn  to  by  the 
president  and  secretary  of  said  school 
board,  and  the  charges  for  such  tuition 
shall  be  paid  by  the  district  or  districts 
in  which  the  children  have  a  permanent 
residence  (1). 

73.  Under  the  provisions  of  this  act  the 
children  of  soldiers  may  claim  school  pri- 
vileges in  a  district  other  than  the  one 
in  which  they  have  a  permanent  resi- 
dence, the  bills  for  tuition  to  be  paid 
by  district  in  which  they  have  a  per- 
manent residence. 
Additional  LXXXVI.  That  the  board  of  controllers 

on  boardCOnferred  of  school  districts,  which  are  composed  of 
cities  or  boroughs,  divided  into  wards  for 
school  purposes,  or  boroughs  not  divided 
into  wards  for  school  purposes,  having  a 


(1)  Act  July  2,  1895,  sec.  1,  P.  L.  p.  434. 


OF  PENNSYLVANIA. 


83 


population  of  five  thousand  or  over,  shall, 
.n  addition  to  the  powers  and  duties  con- 
ferred or  enjoined  by  the  act  of  the  eighth 
day  of  May,  one  thousand  eight  hundred 
and  fifty-four,  and  the  supplement  there- 
to, possess  the  following  powers  and  per- 
form the  following  duties: 

Clause  1.  They  may  establish  a  public 
high   school. 

Clause  2.  They  shall  admit  to  said  pub- 
lic high  school  all  children  under  the  age 
of  twenty-one  years  residing  within  said 
school  district  who  shall  be  found  quali- 
fied for  admission  thereto,  after  having 
undergone  such  an  examination  as  shall 
be  prescribed  by  the  said  board  of  con- 
trollers: Provided,  Said  board  of  con- 
trollers or  directors  shall  have  the  power 
to  prescribe  the  terms  upon  which  other 
children  than  those  residing  in  said  dis- 
trict shall  be  allowed  to  attend  said  public 
high  school. 

Clause  3.  They  shall  exercise  a  general 
supervision  over  said  public  high  school, 
appoint  all  the  teachers  therefor,  fix  the 
amount  of  their  salaries,  and  shall  have 
power  to  dismiss  any  teacher,  at  any 
time,  for  incompetency,  cruelty,  negli- 
gence, immorality,  or  other  cause;  they 
may  suspend  or  expel  from  said  school 


Establish  high 
school. 


Who  shall  he  ad- 
mitted to  said 
high  school. 


Shall  exercise 
general  super- 
vision overhigh 
school. 


84 


SCHOOL  LAWS  AND  DECISIONS 


Visitation. 


Branches  to  be 
taught  and  books 
used. 


Qualification  of 
teachers. 


Maximum  length 
of  term. 


all  pupils  found  guilty,  on  full  examina- 
tion and  hearing,  of  refractory  or  incor- 
rigible bad  conduct;  and  shall  have  power 
to  make  all  proper  regulations  and  rules 
for  the  government  and  discipline  of  said 
school. 

Clause  4.  Said  board  of  controllers  or 
directors  shall  visit  said  public  high 
school,  by  at  least  one  of  their  number, 
at  least  once  in  each  week,  and  cause  the 
results  of  such  visit  to  be  entered  on  the 
minutes  of  said  board  of  controllers. 

Clause  5.  They  shall  direct  what 
branches  of  learning  shall  be  taught  and 
what  books  shall  be  used  in  said  public 
high  school. 

Clause  6.  The  said  board  of  controllers 
or  directors  shall  not  employ  any  person 
as  teacher  in  said  public  high  school,  un- 
less such  person  shall  produce  such  a  cer- 
tificate as  would  entitle  him  or  her  to 
teach  in  the  ward  schools,  which  certifi- 
cate shall  set  forth  the  branches  of  learn- 
ing which  the  holder  thereof  is  qualified 
to  teach;  and,  provided,  no  teacher  shall 
be  employed  in  teaching  any  branch  of 
learning  other  than  those  enumerated  in 
his  or  her  certificate. 

Clause  7.  The  said  board  of  controllers 
or   directors  shall  maintain  and  operate 


OP  PENNSYLVANIA.  85 

said  public  high  school  not  exceeding  ten 
months  in  each  year,  and  shall  pay  all 
the  necessary  expenses  thereof,  by  drafts 
on  the  treasurer  of  said  board,  signed  by 
the  president  and  attested  by  the  secre- 
tary thereof. 
Clause  8.  They  shall  have  power  to  pur-   Power  to  hold  or 

convey  real 

chase,  procure  and  hold  such  real  and  estate, 
personal  property  as  may  be  necessary  for 
the  establishment  and  support  of  said 
public  high  school,  and  the  same  to  sell, 
alien  and  dispose  of  when  no  longer  nec- 
essary for  the  purposes  aforesaid:  Pro- 
vided, said  real  estate  shall  not  exceed  vs^aut| of  real 
one  hundred  thousand  dollars. 

Clause  9.  They  shall  cause  suitable  lots  ^?ndKs8and 
of  ground  to  be  procured  and  suitable 
buildings  to  be  erected  thereon,  for  the 
accommodation  of  said  public  high  school, 
and  shall  keep  the  same  in  repair,  and 
shall  cause  to  be  rented  a  suitable  build- 
ing, for  the  temporary  accommodation  of 
said  public  high  school,  until  a  suitable 
permanent  building  can  be  obtained. 

Clause  10.  Whenever  said  board  of  con-   how  to  proceed 

,     ,,    ,  ,,  when  suitable 

trollers   or   directors   shall   be  unable   to   sites  cannot  be 
procure  an  eligible  site  for  the  erection  of   secured- 
said  public  high  school  by  agreement  of 
the  owner  or  owners  of  the  land,  it  shall 
and  may  be  lawful  for  said  board  of  con- 


86 


SCHOOL  LAWS  AND  DECISIONS 


Shall  tender 
bond  before 
entry. 


When  right  to 
enter  shall  be 
complete. 


Petition  for  the 
appointment  of 
viewers. 


trollers  or  directors  to  enter  upon  and 
occupy  sufficient  ground  for  such  purpose; 
but,  before  doing  so,  said  board  of  con- 
trollers or  directors  shall  tender  to  such 
owner  or  owners  the  bond  of  said  school 
district,  conditioned  for  the  payment  of 
the  damages  suffered  by  said  owner  or 
owners  by  reason  of  such  entry  and  occu- 
pancy, when  finally  ascertained;  if  the 
owner  refuse  to  accept  said  bond,  or  can- 
not be  found,  or  is  not  sui  juris,  the  same 
shall  then  be  presented  to  the  court  oi 
common  pleas  of  the  proper  county  for  its 
approval,  after  notice  to  the  property 
owner  by  advertisement  in  a  newspaper 
of  said  county,  at  least  once  a  week  for 
three  weeks.  Upon  the  approval  of  said 
bond,  and  its  being  filed,  the  right  of  said 
board  of  controllers  or  directors  to  enter 
upon  said  land  shall  be  complete. 

Either  said  board  of  controllers  or  di- 
rectors, or  said  owner  or  owners  of  said 
land,  may,  within  twenty  days  from  the 
approval  of  said  bond,  apply  by  petition 
to  the  court  of  common  pleas  of  the 
proper  county  for  the  appointment  of 
viewers,  and  thereupon  said  court  shall 
appoint  three  disinterested  citizens  of  said 
county,  and  not  owners  of  property  or 
residents  in  said  school  district,  and  ap- 


OF  PENNSYLVANIA.  87 

point  a  time  not  less  than  twenty  or  more 
than  thirty  days  thereafter,  when  said 
viewers  shall  meet  upon  and  view   said   when  viewers 

.....  .       .  .   .  shall  meet. 

premises,  of  the  time  of  which  meeting 
ten  days'  notice  shall  be  given  to  the 
viewers  and  the  opposite  party,  and  the 
said  viewers,  or  any  two  of  them,  having 
been  first  duly  sworn  or  affirmed  faith- 
fully, justly  and  impartially  to  decide  and 
a  true  report  to  make  concerning  all  mat- 
ters and  things  to  be  submitted  to  them, 
and  having  viewed  the  premises,  and  hav- 
ing made  a  just  and  fair  computation  of 
the  advantages  and  disadvantages,  shall 
estimate  and  determine  whether  any,  and,  damageanrtre- 
if  any,  what  amount  of  damages  has  been  port  to  court. 
or  may  be  sustained,  and  to  whom  pay- 
able, and  make  report  thereof  to  said 
court,  and  when  the  damages  are  finally 
ascertained,  either  by  the  confirmation  of 
said  report  by  the  court,  or  the  verdict 
of  the  jury,  judgment  shall  be  entered  judgment  execu- 
thereon;  and,  if  the  amount  thereof  shall  "on  may  issue. 
not  be  paid  within  thirty  days  from  the 
entry  of  such  judgment,  execution  may 
issue  thereon  as  in  other  cases  of  judg- 
ments against  school  districts;  and  such 
viewers  shall  each  be  entitled  to  the  sum 
of  one  dollar  and  fifty  cents  for  each  day  compensation  of 
necessarily  employed  in  the  performance 


88 


SCHOOL  LAWS  AND  DECISIONS 


Conncils  shall 
levy  tax. 


Levying  tax  In 
boroughs  not 
divided  into 
wards. 


May  borrow 
money  and  issue 
bonds  therefor. 


of  the  duties  herein  prescribed,  to  be  paid 
by  the  school  district. 

Clause    11.  The    councils    of    any    such 
city,  or  boroughs  divided  into  wards  for 
school  purposes,  referred  to  in  the  first 
section  of  this  act,  shall  at  any  time,  not 
oftener   than   once   in   each   school   year, 
levy  a  special  tax  for  such  amount  as  the 
said  board  of  controllers  or  directors  may, 
by  resolution  duly  passed,  fix  and  deter- 
mine, to  be  called  "the  public  high  school 
building  tax,"  not  exceeding  the  amount 
of  one  mill  in  any  one  year;  boroughs  not 
divided    into   wards   for   school   purposes 
mentioned  in  this  act,  shall  levy  and  col- 
lect said  high  school  tax  as  they  levy  and 
collect  other  school  tax,  without  the  in- 
tervention of  the  borough  council  afore- 
said; to  be  applied  solely  to  the  purpose 
of  purchasing  or  paying  for  the  ground 
and  the  erection   of     a     school   building 
thereon  and  the  repair  of  the  same;  which 
tax  shall  be  levied  and  collected  at  the 
same  time  and  in  the  same  manner,  and 
with   like   authority,   as   other  taxes  are 
levied  and  collected  for  school  purposes 
in  the  respective  districts  to  which  this 
act  shall  apply. 

Clause  12.  That    for    the     purpose    of 
erecting  such  school  building,  or  purchas- 


OF  PENNSYLVANIA. 


89 


ing,  or  procuring  grounds  whereon  to 
erect  such  school  building,  as  provided 
by  this  act,  it  shall  be  lawful  for  said 
board  of  controllers  or  directors  to  bor- 
row money,  at  a  rate  of  interest  not  ex- 
ceeding six  per  centum,  and  issue  bonds 
therefor,  in  sums  not  less  than  one  hun- 
dred dollars,  which  bonds  may  be  reg- 
istered in  such  manner  as  the  said  board 
of  controllers  or  directors  may  hereafter 
provide:  Provided,  That  this  act  shall 
not  apply  to  school  districts  governed 
by  special  act  of  Assembly  (m). 

LXXXVII.  They     shall     direct     what   Branches  tauKnt 
brancnes  of  learning  shall  be  taught  and 
what  instructions,  if  any,  shall  be  given 
in   the   industrial   arts,   and   what   books 
shall  be  used  insaidpublic  high  school  (n). 

LXXXVIII.  That  the  directors  or  con- 
trollers of  any  school  district  may  estab- 
lish a  public  high  school,  and  the  State 
Superintendent  of  Public  Instruction  shall 
prescribe  a  uniform  course  of  instruction  course  of  instruc 
which  shall  be  taught  in  the  high  schools 
of  each  grade  (o). 

LXXXIX.  The  directors  of  two  or  more 


and  what  books 
to  be  used. 


High  schools  may 
be  established. 


(m)  Act  May  26,  1893,  sec.  1,  P.  L.  p.  146. 
(n)  Act  May  8,  1889,  sec.  1,  P.  L.  p.  124. 
(o)  Act  June  28,  1895,  sec.  1,  P.  L.  p.  413. 


90 


SCHOOL  LAWS  AND  DECISIONS 


Directors  may 
establish  joint 
high  schools. 


Schools  shall  be 
divided  into 
grades,  accord- 
ing to  course  of 
studv. 


Proviso. 


townships  or  school  districts  shall  have 
power  to  establish  joint  high  schools,  and 
the  expense  shall  be  paid  as  may  be 
agreed  upon  by  the  directors  or  controll- 
ers of  said  districts.who  shall  meet  jointly 
as  often  as  may  be  necessary  for  the 
transaction  of  business  pertaining  to  the 
joint  high  schools  under  their  jurisdic- 
tion, and  all  proceedings  in  relation  there- 
to shall  be  spread  at  large  upon  the  min- 
utes of  the  respective  boards  (p). 

XC.  A  high  school  maintaining  four 
years  of  study  beyond  the  branches  of 
learning  prescribed  to  be  taught  in  the 
common  schools  and  called  the  common 
branches  shall  be  known  as  a  high  school 
of  the  first  grade;  a  high  school  maintain- 
ing three  years  of  study  beyond  the  com- 
mon branches  shall  be  known  as  a  high 
school  of  the  second  grade;  a  high  school 
maintaining  two  years  of  study  beyond 
the  common  branches  shall  be  known  as  a 
high  school  of  the  third  grade:  Pro- 
vided, That  the  reviews  necessary  for  the 
prosecution  of  high  school  studies  shall 
not  be  excluded  from  the  estimate  of  the 
year's  study  beyond  the  common 
branches  (q). 


(p)  Act  June  28,  1895,  sec.  2,  P.  L.  p.  413. 
(q)  Act  June  28,  1895,  sec.  3,  P.  L.  p.  413. 


OF  PENNSYLVANIA. 


91 


XCI.  From  the  annual  appropriations 
in  aid  of  high  schools,  a  high  school  of  the 
first  grade  shall  each  year  receive  a  sum 
not  exceeding  eight  hundred  dollars,  a 
high  school  of  the  second  grade  a  sum  not 
exceeding  six  hundred  dollars,  a  high 
school  of  the  third  grade  a  sum  not  ex- 
ceeding four  hundred  dollars.  If  the  ap- 
propriation is  insufficient  to  pay  the  above 
amounts  to  the  several  high  schools,  then 
the  appropriation  shall  be  distributed  to 
the  schools  of  the  respective  grades  in 
such  a  manner  that  each  school  shall  re- 
ceive a  sum  proportional  to  the  number 
of  years  of  advanced  study  maintained  in 
its  course  or  courses  of  instruction:  Pro- 
vided, That  any  high  school  established 
at  the  fall  opening  of  the  school  year  be- 
ginning on  the  first  Monday  of  June,  one 
thousand  eight  hundred  and  ninety-five, 
shall  be  paid  at  the  end  of  the  year  as  a 
high  school  of  the  third  grade  (r). 

XCII.  The  directors  or  controllers  of 
every  district  receiving  aid  in  accord- 
ance with  section  four  of  this  act,  shall 
employ  for  said  high  school  at  least  one 
teacher  legally  certified  to  teach  book- 
keeping, civics,  general  history,  algebra, 


Annual  appro- 
priations in  aid  of 
high  schools,  how 
divided. 


Proviso 


Teachers,  em 
ployment  of. 


(r)  Act  June  28,  1895,  sec.  4,  P.  L.  p.  414. 


92 


SCHOOL  LAWS  AND  DECISIONS 


geometry,    trigonometry,   including   plane 
surveying,     rhetoric,    English   literature, 
Latin,   including   Caesar,   Virgil   and   Ci- 
cero, and  the  elements  of  physics,  chem- 
istry,  including   the    chemistry    of   soils, 
botany,    geology    and    zoology,    including 
entomology,  and  no  teacher  shall  be  em- 
ployed to  teach  any  branch  or  branches 
of  learning  other  than  those  enumerated 
in   his   or  her   certificate   (s). 
Sworn  statements       XCIII.  The   directors   or   controllers   of 
ofpTncYnsTruc*   eveiT  district  establishing  a  high  school 
tlon"  and  receiving  State  aid  in  support  of  said 

high  school,  shall,  before  the  first  day  of 
September  following  the  close  of  each 
school  year,  make  to  the  Superintendent 
of  Public  Instruction  sworn  statements 
giving  full  information  concerning  the 
teachers,  classes  and  courses  of  study  of 
every  high  school  under  their  jurisdic- 
tion (t). 

XCIV.  High  schools  established  in  ac- 
cordance with  this  act  of  Assembly  shall 
be  under  the  supervision  of  the  superin- 
tendent of  the  city,  borough  or  county  in 
which  they  are  situated  (v). 


Supervision  of 
high  schools. 


(s)  Act  June  28,  1895,  sec.  5,  P.  L.  p.  414. 
(t)  Act  June  28,  1895,  sec.  6,  P.  L.  p.  414. 
(v)  Act  June  28,  1895,  sec.  7,  P.  L.  p.  414. 


OF  PENNSYLVANIA.  93 

XCV.  The   courses  of  study     in     high   Approval  of 

.       ,  .    .         „,  .  ,      ,     ,,   ,       „„•.       courses  of  study. 

schools  receiving  State  aid  shall  be  sub- 
ject to  the  approval  of  the  Superintendent 
of  Public  Instruction   (w). 

XCVI.  That  the  board  of  school  direc- 
tors of  any  school  district  within  this 
Commonwealth,  having  a  population  of 
more  than  twenty  thousand  inhabitants, 
and  having  within  the  limits  of  the  city 
or  township  in  which  said  school  district 
shall  be,  eight  or  more  deaf  mute  children 
of  proper  age  for  attending  school,  are 
hereby  authorized  to  open  and  maintain 
a  special  school  for  the  education  and 
training  of  such  deaf  mutes,  either  in 
sign  language  or  in  articulation,  as  such 
board  of  directors  shall  deem  best  for 
such  children   (x). 

XCVII.  Any  such  school  so  organized 
by  any  such  board  of  school  directors 
shall  be  a  part  of  the  common  school  sys- 
tem of  such  school  district,  and  shall  be 
under  the  control  of  such  board  of  school 
directors  in  the  same  manner  as  the  other 
schools  in  said  district:  Provided,  That 
deaf  mute  children  may  be  sent  from  any   peaf  mute  cwi- 

aren. 

school    district   in   the   county   in   which 


(w)  Act  June  28,  1895,  sec.  8,  P.  L.  p.  414. 
(x)  Act  May  8,  1876,  sec.  1,  P.  L.  p.  157. 


94 


SCHOOL  LAWS  AND  DECISIONS 


Indigent  blind 
children. 


To  purchase  or 
rentlotsand  erect 
school  houses. 


such  school  shall  be  established,  upon 
payment,  by  such  district,  to  the  treas- 
urer of  the  school  board  by  which  such 
school  shall  be  maintained,  its  propor- 
tionate share  of  the  expense  of  maintain- 
ing said  school:  And  provided  further, 
That  the  expense  of  educating  said  deaf 
mute  children,  in  such  schools,  shall  not 
exceed  the  sum  of  one  hundred  and  fifty 
dollars  for  each  child  during  any  one 
year  (y). 

XCVIII.  That  the  school  boards  of  this 
Commonwealth  are  hereby  authorized  and 
recommended  to  provide  suitable  books 
and  apparatus  for  the  instruction  of  indi- 
gent blind  children,  between  the  ages  of 
nine  and  thirteen  years,  and  pay  for  the 
same  out  of  the  school  fund,  as  in  the 
case  of  seeing  children,  the  cost  thereof 
not  to  exceed  twelve  dollars  for  each 
person  in  any  one  year  (z). 

XCIX.  They  shall  cause  suitable  lots  of 
ground  to  be  procured  and  suitable  build- 
ings to  be  erected,  purchased  or  rented, 
for  school  houses,  and  shall  supply  the 
same  with  the  proper  convenience  and 
fuel,  and  shall  have  power,  with  the  direc- 


(y)  Act  May  8,  1876,  sec.  2,  P.  L.  p.  157. 
(z)  Act  May  8,  1876,  sec.  1,  P.  L.  p.  138. 


OF  PENNSYLVANIA. 


95 


tors  and  controllers  of  adjoining  districts, 
to  establish  joint  schools,  and  the  expense 
shall  be  paid  as  may  be  agreed  upon  by 
the  directors  or  controllers  of  said  dis- 
tricts (a). 

C.  That  it  shall  be  lawful  for  the  boards   Citizens  may  pe- 
tition for  joint 
of  school  directors  of  school  districts,  of    schools. 

different  counties  or  townships,  adjoining 
each  other,  to  establish  joint  schools,  on 
or  near  the  county  or  township  line,  for 
parts  of  said  district,  upon  petition  of  not 
less  than  twenty  taxables  of  said  adjoin- 
ing districts,  whenever,  by  reason  of 
natural  difficulties  and  distance  from  the 
schools  of  the  said  district,  it  becomes 
desirable  and  proper  to  so  establish  the 
same  (b). 
CI.  The  said  board  of  directors,  for  the   powers  of  board 

,     ,,  i    .    .    i,  j     i«  such  cases. 

purpose  aforesaid,  shall  meet  jointly,  and 
are  hereby  empowered  to  exercise  the 
same  authority  as  in  case  of  the  estab- 
lishment of  joint  schools  for  districts  of 
the  same  county;  all  proceedings  in  re- 
lation thereto  to  be  spread  at  large  upon 
the  minutes  of  the  respective  boards  (c). 
74.  The  number,  location,  size  and  ar- 
te) Act  May  8,  1854,  sec.  23,  P.  L.  p.  622. 

(b)  Act  June  10,  1881,  sec.  1,  P.  L.  p.  116. 

(c)  Act  June  10,  1881,  sec.  2,  P.  L.  p.  116. 


96  SCHOOL  LAWS  AND  DECISIONS 

rangement  of  school  houses,  and  the 
necessity  of  establishing  and  discontinu- 
ing them,  have  been  decided  by  the 
courts  of  several  counties  to  be  questions 
for  the  discretion  of  the  proper  board 
of  directors,  without  control  by  judicial 
authority,  so  long  as  a  reasonable  provi- 
sion is  made  for  the  wants  of  the  district, 
in  these  respects.  A  board  which  neg- 
lects to  provide  a  sufficient  number  of 
comfortable  school  houses  at  proper 
points,  within  a  reasonable  distance  of  all 
the  pupils,  presided  over  by  as  good 
teachers  as  can  be  readily  procured,  and 
supplied  with  suitable  furniture  and  ap- 
paratus, neglects  a  plain  duty  and  be- 
trays a  sacred  trust. 

75.  Half  an  acre  of  ground  should  be 
secured  for  every  rural  school  house;  and 
if  a  whole  acre  can  be  obtained  it  will  be 
so  much  the  better. 

76.  In  towns,  the  school  lots  should  be 
large  enough  to  afford  playground,  and 
secure  good  light  and  air. 

77.  The   location   should   be   central   to 


OF  PENNSYLVANIA.  97 


the  population  to  be  accommodated, 
healthful,  and  on  good  traveled  roads. 
Low  and  damp,  or  bleak  and  exposed  po- 
sitions should  not  be  accepted,  even  as 
gifts. 

78.  The  title  to  the  ground  selected  for 
a  school  house  should  be  carefully  exam- 
ined, and  be  made  perfect  before  the 
building  is  commenced. 

79.  When  school  lots  are  leased,  the 
right  to  remove  the  school  house  should 
always  be  reserved  in  the  lease.  But  no 
school  house  should  be  built  on  rented 
ground,  when  a  suitable  site  can  be  pur- 
chased. 

80.  Trust  property  for  school  purposes, 
conveyed  to  directors,  can  be  held  and 
used  for  common  school  purposes,  in  the 
same  manner  as  other  property  belonging 
to  the  board,  except  that  it  cannot  be 
sold  by  the  board. 

81.  The  board  is  not  bound,  by  a  vote 
of  the  citizens  of  the  district,  on  a  ques- 
tion of  location.     In  all  cases  it  is  proper 

to  ascertain,  and  to  a  proper  extent,  to  be 

7 


98  SCHOOL  LAWS  AND  DECISIONS 

guided  by  public  sentiment,  on  questions 
in  which  the  public  are  directly  inter- 
ested. But  this  can  be  as  well  ascertained 
without  the  formality  of  an  election 
which,  generally  only  embitters  the  con- 
test when  the  result  of  the  vote  is  not 
binding. 

82.  The  plan  of  a  proposed  school  house 
should  be  matured  with  the  greatest  care. 
Some  work  on  school  architecture  should 
first  be  examined;  for,  though  no  design 
suitable  to  the  wishes  of  the  board  in  all 
respects  may  be  found  in  it,  yet  valuable 
hints  may  be  met,  and  parts  of  different 
plans  combined,  so  as  to  suit  the  case. 
Other  good  school  houses  should  also  be 
examined.  Superintendents  can  give  good 
advice. 

83.  The  undoubted  care  and  control  of 
the  school  houses  are  with  the  board  of 
directors,  by  this  provision  as  well  as  the 
whole  scope  of  the  law.  The  agreement 
with  the  teachers  also  recognizes  and 
secures  this  right,  and  infringement  upon 
it  is  a  trespa&s. 


OF  PENNSYLVANIA.  99 


84.  School  houses  are  to  be  used  for 
school  purposes  only,  and  directors  may 
refuse  them  for  any  other.  They  are  not 
public  property  in  the  sense  that  gives 
citizens  the  right  to  use  them  for  any 
but  school  purposes,  without  the  consent 
of  the  directors.  They  should  not  permit 
them  to  be  used  for  any  other,  unless 
in  cases  where  the  purpose  is  innocent 
or  promotive  of  the  general  cause  of  edu- 
cation, and  the  improvement  of  youth. 

85.  The  establishment  of  a  joint  school 
must  be  a  matter  of  agreement  between 
the  boards  of  the  two  districts.  Neither 
party  can  be  compelled  to  enter  into  it. 
Such  schools  are  usually  a  subject  of  con- 
tention, and  should  not  be  established  un- 
less the  necessity  for  them  is  very  press- 
ing. 

86.  If  a  house  is  to  be  built  for  a  joint 
school  it  should  belong  to  and  its  man- 
agement be  vested  in,  the  board  on  whose 
territory  its  stands,  and  the  board  of  the 
other  district  should  pay  a  fair  annual 
compensation  for  the  privilege  of  sending 


100  SCHOOL  LAWS  AND  DECISIONS 

to  it,  with  the  proper  proportion  of  the 
teacher's  salary  and  other  expenses.  Be- 
sides, directors  have  no  authority  to  make 
an  agreement  for  a  joint  school  that  will 
be  perpetually  binding  upon  their  suc- 
cessors. All  agreements  for  the  estab- 
lishment of  joint  schools  should  be  made 
for  a  stipulated  length  of  time,  and  either 
of  the  parties  to  such  an  agreement  can 
withdraw  from  it  at  the  expiration  of  that 
time.  In  all  such  cases,  however,  cour- 
tesy would  demand  that  timely  notice 
should  be  given  to  all  interested,  by  the 
party  intending  to  terminate  the  agree- 
ment. Proper  regard  should  also  be  paid 
to  the  interest  of  the  children,  who  might 
be  deprived  of  convenient  school  accom- 
modations, by  hasty  action  in  breaking 
up  a  joint  school. 

87.  The  law  does  not  specify  the  differ- 
ent articles  or  kind  of  furniture  proper 
for  a  common  school  house.  But,  as  in 
other  matters  of  detail,  it  leaves  these 
points  to  the  sound  discretion  of  the  local 
directors.     And  it  is  their  duty  to  render 


OF  PENNSYLVANIA.  101 

the  houses  as  pleasant,  and  furniture  as 
commodious,  as  the  means  at  their  dis- 
posal will  permit. 

CII.    That    boards    of    school    directors    water  closets  for 

©noli  school 

and  controllers  shall  provide  suitable 
and  convenient  water  closets  for  each  of 
the  schools  under  their  official  jurisdic- 
tion, not  less  than  two  for  each  school 
or  school  building,  where  both  sexes  are  in 
attendance  in  their  respective  school  dis- 
tricts, with  separate  means  of  access  for 
each;  and  unless  placed  at  remote  dis-  &0^®|e8dl,a11 
tance  one  from  the  other,  the  approaches 
or  walks  thereto  shall  be  separated  by  a 
substantial  close  fence,  not  less  than 
seven  feet  in  height,  and  it  shall  be  the 
duty  of  the  directors  or  controllers  to 
make  provision  for  keeping  the  water 
closets  in  a  clean,  comfortable  and 
healthful   condition   (d). 

CHI.  Any  failure  on  the  part  of  school  SrJ^noD- 
directors  or  controllers  to  comply  with  compliance, 
the  provisions  of  this  act  shall  make 
them  liable  to  be  removed  from  office  by 
the  court  of  quarter  sessions  of  the  coun- 
ty in  which  the  schools  are  located,  upon 
complaint  made  to  the  court,  under  oath 
or  affirmation  of  not*  less  than  five  tax- 

(d)  Act  June  6,  1S93,  sec.  1,  P.  L.  p.  339. 


102 


SCHOOL  LAWS  AND  DECISIONS 


Duties  of  school 
directors. 


Removal  of  waste 
matter,  etc 


Disinfection,  etc. 


able  citizens,  resident  in  the  school  dis- 
trict in  which  the  school  is  located  (e). 

88.  Separate  apartments  under  the 
same  roof  will  not  be  sufficient,  but  sepa- 
rate houses  for  each  sex,  placed  as  far 
apart  as  possible,  must  be  provided  by 
the  directors  and  properly  cared  for  as 
the  law  expressly  requires. 

CIV.  That  the  boards  of  school  di- 
rectors and  controllers  of  each  school 
district  of  this  Commonwealth  be 
and  they  are  hereby  required  at 
least  once  during  each  full  school 
term,  and  prior  to  the  first  of  January 
of  each  year,  and  within  thirty  days 
after  the  close  of  each  annual  school 
term,  to  have  taken  out,  removed  and 
hauled  away  all  excrement  and  waste 
matter  from  every  out-house  or  water 
closet  connected  with  or  standing  upon 
the  premises  of  every  public  school  house 
in  the  Commonwealth,  or  have  the  same 
properly  disinfected;  and  they  are  re- 
quired to  have  every  out-house  or  water 
closet  properly  scrubbed,  washed  out  and 
cleaned,    the    inside    walls    whitewashed, 


(e)  Act  June  6,  1893,  sec.  2,  P.  L.  page 
339. 


OF  PENNSYLVANIA.  103 

and  the  vaults  or  receptacles  covered  with 
a  layer  of  fresh  dirt  or  dry  slacked  lime 
within  ten  days  of  the  opening  of  each 
annual   school    term    (f). 

CV.  That    the     school     boards    of     the   School  boards 
several     townships     or     school     districts   "uppfyofwater." 
within    this  Commonwealth,    shall    have 
full    power    and     authority    to    contract 
with     any     person,     company     or     asso- 
ciation   to     furnish     the     said     township 
or    district    with    a    sufficient    supply    of 
water  for  protection  from  fire  or  for  san- 
itary purposes   for  a  period   not  exceed-    Term  of  contract, 
ing    three    (3)    years    and    to    locate    and 
erect  fire  plugs  in  close  proximity  to  the 
school    buildings    (g). 

CVI.  The  school  boards  as  aforesaid 
shall  make  a  record  of  such  contract  as 
they  may  enter  into,  including  the  cost 
thereof,  which  they  are  hereby  authorized 
to  pay  out  of  any  funds  in  the  treasury  Payn-entof 
not  otherwise  appropriated  (h). 

CVII.  The  township  auditors  shall  pass    Bills  shall  be 
upon  such  bills,  and  their  action  thereon   audlted- 
shall  have  the  same  effect  as  upon  other 
expenditures  of  such  school  boards  (i). 

(f)  Act  of  June  24,  1895,  P.  L.  page  254. 

(g)  Act  June  24,  1895,  Sec.  1,  page  245. 
(h)  Act  June  24,  1895,  Sec.  2,  page  245. 
(i)  Act  June  24,  1895,  Sec.  3,  page  245. 


104 


SCHOOL  LAWS  AND  DECISIONS 


School  boards 
may  permit  use 
of  grounds  for 
recreation  pur- 
poses. 


And  arrange  for 
care  and  protec- 
tion of  same. 


CVIII.  That  it  shall  be  lawful  for  the 
ward  or  sub-district  school  boards,  as  well 
as  for  the  central  boards  of  education  or  of 
school  controllers  or  directors  in  the  sev- 
eral cities  and  boroughs  of  the  Common- 
wealth, to  permit  the  use  of  the  school 
grounds  under  their  jurisdiction  for  park 
and  recreation  purposes  by  the  public  (k). 

CIX.  That  it  shall  be  lawful  for  all 
such  ward  or  sub-district  school  boards 
and  central  boards  of  education,  or  of 
school  controllers  or  directors  in  the  sev- 
eral cities  and  boroughs  of  the  Common- 
wealth, to  make  arrangements  with  the 
city  or  borough  authorities  for  the  en- 
largement, improvement,  care  and  pro- 
tection of  the  school  grounds  when  used 
for  park  and  recreation  purposes  by  the 
public,  and  power  is  hereby  conferred 
upon  such  city  and  borough  authorities 
to  make  such  expenditures  as  may  be 
necessary  to  carry  such  arrangements 
into  effect  (1). 

CX.  The  said  city,  borough  and  school 
authorities  are  hereby  empowered  to 
make  similar  arrangements  with  corpora- 
tions, societies,  associations  or  individ- 
uals   having    property    which    they   are 


(k)  Act  June  26,  1895,  Sec.  1,  page  331. 
(1)  Act  June  26,  1895,  Sec.  2,  page  331. 


OF  PENNSYLVANIA.  105 

willing  to  donate,  lease  or  permit  the  use    jjjay^ease  or  Per- 
of  for  public  park  or  recreation  purposes,   grounds,  etc. 
and    said    city    and    borough    authorities 
are  also  empowered  hereby  to  make  all 
expenditures  necessary  to  make  such  ar- 
rangements effective  (m). 

CXI.  That  all  the   following  described    ^[X^'to'be 
buildings  within  this  Commonwealth,  to-    P^^n7^fe 

wit:    Every  building  used  as  a  seminary,    external  tire 

escapes. 

college,  academy,  hospital,  asylum,  or 
hotel  for  the  accommodation  of  the  pub- 
lic, every  storehouse,  factory,  manufac- 
tory or  workshop  of  any  kind,  in  which 
employes  or  operatives  are  usually  em- 
ployed at  work  in  the  third  or  any 
higher  story,  every  tenement  house  or 
building  in  which  rooms  or  floors  are 
usually  let  to  lodges  or  families,  every 
public  hall  or  place  of  amusement,  every 
parochial  or  public  school  building,  when 
any  of  such  buildings  are  three  or  more 
stories  in  height,  shall  be  provided  with 
a  permanent,  safe  external  means  of  es- 
cape therefrom,  in  case  of  fire,  indepen- 
dent of  all  internal  stairways  the  num-  f^ti^n  fobe 
ber  and  location   of  such  escapes  to  be    determined  by 

r  size  or  building 

governed    by    the    size    of    the    building,    and  number  of 

inmates. 

and  the  number  of  its  inmates,  and  ar- 
ranged in  such  a  way  as  to  make  them    Description  of. 
readily  accessible,  safe  and  adequate  for 


(m)  Act  June  26,  1895,    Sec.  3,  page  332. 
7* 


106 


SCHOOL  LAWS  AND  DECISIONS 


Certain   buildings 
to  have  two  or 
more  such  es- 
capes. 


Duty  of  owners, 
trustees,  etc. .  to 
provide  and  cause 
to  be  securely 
affixed  such 
escapes. 


Any  escape  ap- 
proved by  the 
proper  authority 
may  be  adopted 
in  place  of  those 
designated. 


the  escape  of  said  inmates.  Such  escapes 
to  consist  of  outside,  open,  iron  stairway, 
of  not  more  than  forty-five  degrees  slant, 
with  steps  not  less  than  six  inches  in 
width  and  twenty-four  inches  in  length. 
And  all  of  said  buildings  capable  of  ac- 
commodating from  one  hundred  to  five 
hundred  or  more  persons  as  operatives, 
guests  or  inmates,  shall  be  provided  with 
two  such  stairways,  and  more  than  two 
stairways,  if  such  be  necessary  to  secure 
the  speedy  and  safe  escape  of  said  in- 
mates, in  case  the  internal  stairways  are 
cut  off  by  fire  or  smoke.  And  it  shall  be 
the  duty  of  the  owner  or  owners  in  fee  or 
for  life,  of  every  such  building,  and  of 
the  trustee  or  trustees  of  every  estate, 
association,  society,  college,  seminary, 
academy,  hospital  or  asylum,  owning 
or  using  any  such  building,  and  of  the 
board  of  education  or  board  of  school 
directors  having  charge  of  any  such 
school  building,  to  provide  and  cause 
to  be  securely  affixed  outside  of  every 
such  building  such  permanent  external 
unenclosed  fire  escape;  Provided,  That 
nothing  herein  contained  shall  prohibit 
any  person  whose  duty  it  is  under 
this  act  to  erect  fire  escapes,  from 
selecting  and  erecting  any  other  and 
different     devise,     design     or  instrument. 


OF  PENNSYLVANIA. 


107 


being  a  permanent,  safe,  external  means 
of  escape,  subject  to  the  inspection  and 
approval  of  the  constituted  authorities 
for  that  purpose   (n). 

CXII.  It  shall  be  the  duty  of  the  board 
of  fire  commissioners  in  conjunction  with 
the  fire  marshal  of  the  district  where 
such  commissioners  and  fire  marshal 
are  elected  or  appointed,  to  first  examine 
and  test  such  fire  escape  or  escapes,  and, 
after  upon  trial  said  fire  escape  or  es- 
capes should  prove  to  be  in  accordance 
with  the  requirements  of  section  one  of 
this  act,  then  the  said  fire  marshal,  in 
connection  with  the  fire  commissioners, 
or  a  majority  of  them,  shall  grant  a  cer- 
tificate approving  said  fire  escape,  there- 
by relieving  the  party  or  parties  to  whom 
such  certificate  is  issued  from  the  liabil- 
ities of  fines,  damages  and  imprisonment 
imposed  by  this  act:  Provided  further, 
That  in  counties  where  no  such  fire  mar- 
shal or  fire  commissioners  exist,  then 
the  county  commissioners  in  each  said 
county  shall  be  the  board  of  examiners, 
and  shall  grant  certificates  of  approval 
when  escapes  are  erected  in  accordance 
with  the  requirements  of  section  one  of 
this    act    (o). 


Examination  and 
approval  of  tire 
escnpes  by  fire 
commissioners 
and  marshal. 


If  approved, 
certificate  to  be 
granted. 

Effect  of  certi- 
ficate of  approv- 
al. 


County  commis- 
sioners to  be 
board  of  exam- 
iners in  certain 
counties. 


(n)  Act  June  3,  1885,  P.  L.  page  68. 
(o)  Act  of  June  3,  1885,  P.  L.  page  70. 


108 


SCHOOL  LAWS  AND  DECISIONS 


Neglect  or  re- 
fusal to  comply 
with  act  declared 
a  misdemeanor, 
punishable  by 
fine  or  imprison- 
ment or  both. 


Liability  for 
damages  sus- 
tained by  neglect 
or  refusal  to  pro- 
vide proper  Are 
escapes. 


Criminal  liability. 


Penalty. 


By  whom  such 
action  may  be 
maintained. 


This  act  not  to 
interfere  with 
approved  escapes 
now  in  use. 


CXIII.  That  every  person,  corporation, 
trustee,  board  of  education,  and  board 
of  school  directors,  neglecting  or  refus- 
ing to  comply  with  the  requirements  of 
section  one  of  this  act,  in  erecting  said 
fire  escape  or  escapes,  shall  be  liable  to 
a  fine  not  exceeding  three  hundred  dol- 
lars, and  also  be  deemed  guilty  of  a  mis- 
demeanor punishable  by  imprisonment 
for  not  less  than  one  month,  or  more 
than  two  months.  And  in  case  of  fire 
occurring  in  any  of  said  buildings  in  the 
absence  of  such  fire  escape  or  escapes, 
approved  by  certificate  of  said  officials, 
the  said  person  or  corporation  shall  be 
liable  in  an  action  for  damages  in  case 
of  death  or  personal  injuries  sustained 
in  consequence  of  such  fire  breaking  out 
in  said  building  and  shall  also  be 
deemed  guilty  of  a  misdemeanor  punish- 
able by  imprisonment  for  not  less  than 
six  months,  nor  more  than  twelve 
months;  and  such  action  for  damages 
may  be  maintained  by  any  person  now 
authorized  by  law  to  sue  as  in  other 
cases  of  similar  injuries:  Provided,  That 
nothing  in  this  act  shall  interfere  with 
fire  escapes  now  in  use  approved  by  the 
proper  authorities  (p). 


(p)  Act  June  3,  1885,  P.  L.  page  70. 


OF  PENNSYLVANIA. 


109 


CXIV.  That  whenever  the  board  of  di- 
rectors or  controllers  of  any  school  dis- 
trict in  this  Commonwealth  shall  be  un- 
able to  procure  such  eligible  sites  for 
the  erection  of  school  houses  therein,  as 
they  may  deem  expedient  by  agreement 
with  the  owner  or  owners  or  the  land,  it 
shall  and  may  be  lawful  for  the  board  of 
directors,  in  behalf  of  the  district,  to  en- 
ter upon  and  occupy  sufficient  ground  for 
the  purpose,  which  they  shall  designate 
and  mark  off,  not  exceeding  in  any  case 
one  acre,  and  to  use  and  occupy  the  same 
for  the  purpose  of  erecting  thereon  a 
school  house,  with  its  necessary  or  con- 
venient appurtenances;  and  for  all  dam- 
age done  or  suffered,  or  which  shall  ac- 
crue to  the  owner  or  owners  of  such  land 
by  reason  of  the  taking  of  the 
same  for  the  purpose  aforesaid,  the  funds 
of  the  district  which  may  be  raised  by 
taxation,  shall  be  pledged  and  deemed 
as  security;  and  it  shall  and  may  be 
lawful  for  the  court  of  common  pleas 
of  the  proper  county,  on  application 
thereto  by  petition,  either  by  the  said 
school  district,  through  the  president  and 
secretary  of  the  board  of  directors,  or  by 
the  owner  or  owners  of  said  land,  or  any 
one  of  them  in  behalf  of  all,  to  appoint 
a    jury    of    viewers,    consisting    of    three 


Selection  of  site. 


Damages  to  be 
assessed. 


Viewers  may  be 
appointed. 


110  SCHOOL  LAWS  AND  DECISIONS 

discreet  and  disinterested  citizens  of  said 
county,  who  shall  not  be  the  owners  of 
property  or  residents  in  the  school  dis- 
trict in  which  such  land  is  taken,  as 
aforesaid,  and  appoint  a  time  not  less 
than  twenty  nor  more  than  thirty  days 
thereafter  for  said  viewers  to  meet  upon 
said  land,  of  which  time  and  place  ten 
days'  notice  shall  be  given  by  petitioners 
to  the  said  viewers  and  the  other  parties; 
and  the  said  viewers  or  any  of  them,  hav- 
ing been  first  duly  sworn  or  affirmed 
faithfully,  justly  and  impartially  to  de- 
cide, and  a  true  report  to  make,  concern- 
ing all  matters  and  things  to  be  submit- 
ted to  them,  and  having  viewed  the  prem- 
ises, they  shall  establish  and  determine 
the  quantity  and  value  of  said  land  so 
taken,  to  be  used  for  the  purpose  afore- 
said; and  after  having  made  a  fair  and 
just  computation  of  the  advantages  and 
disadvantages,  they  shall  estimate  and 
determine  whether  any,  and  if  any,  what 
amount  of  damage  has  been  or  may  be 
sustained,  and  to  whom  payable,  and 
make  report  thereof  to  said  court,  and  if 
damages  be  awarded  and  the  report  be 
confirmed  by  the  said  court,  judgment 
shall  be  entered  thereon;  and  if  the 
amount  thereon  be  not  paid  within 
thirty  days  after  the  entry  of  said  judg- 
ment,   execution    to    enforce    the    collec- 


OF  PENNSYLVANIA.  Ill 


tion  thereof  may  be  issued  as  in  other 
cases  of  judgment  against  school  dis- 
tricts; and  each  viewer  shall  be  entitled 
to  one  dollar  and  fifty  cents  per  day  for 
every  day  necessarily  employed  in  the 
performance  of  the  duties  herein  pre- 
scribed, to  be  paid  by  such  district:  Pro- 
vided, That  either  party  shall  have  the 
right  to  have  reviewers  appointed  by 
said  court  (q). 

89.  The  power  to  take  compulsory  pos- 
session of  school  sites  should  not  be  ex- 
ercised unless  suitable  lots  cannot 
otherwise  be  obtained  on  reasonable  con- 
ditions. 

90.  The  Supreme  Court  has  decided 
that  improved  real  estate  can  be  seized, 
and  lots  already  in  use  can  be  enlarged. 

91.  School  sites  taken  cannot  be  so'd 
by  the  directors,  when  no  longer  used 
"for  the  purpose  of  a  school  house.'"' 
When  not  necessary  or  used  for  these 
purposes,  they  revert  to  the  original  own- 
er, his  heirs  or  assigns;  damages  only 
for  the  use,  not  purchase  money  for  the 

(q)  Act  April  9,  1867,  sec.  1,  P.  L. 
page  51. 


Reviews. 


112  SCHOOL  LAWS  AND  DECISIONS 

property,  having  been  paid  by  the  dis- 
trict. 

NOTE.— See  act  P.  L.  1895,  page  291, 
relating  to  burial  grounds. 

a«eenndVn^ioTnay        CXV-  That    if    it    shall    be    found,    that 
ing districts.  on  account  of  great  distance  from  or  dif- 

ficulty of  access  to  the  proper  school 
house  in  any  district,  some  of  the  pupils 
thereof  could  be  more  conveniently  ac- 
commodated in  the  schools  of  an  adjoin- 
ing district,  it  shall  be  the  duty  of  the- 
directors  or  controllers  of  such  adjoining 
districts  to  make  an  arrangement  by 
which  such  pupils  may  be  instructed  in 
the  most  convenient  school  of  the  adjoin- 
ing district;  and  the  expenses  of  such 
instruction  shall  be  paid,  as  may  be 
agreed  upon  by  the  directors  or  control- 
lers of  such  adjoining  districts  by  resolu- 
tion or  agreement  entered  upon  the  min- 
utes of  the  respective  boards  (r). 

92.  Pupils  cannot  attend  school  in  an 
adjoining  school  district  longer  than  the 
term  of  their  own  district;  otherwise  they 
would  have  an  unfair  advantage  over  the 
other  pupils  of  their  own  district;  but 
they   may   attend   at   a   different   season, 


(r)  Act  May  8,  1854,  sec.  23,  P.  L.  page 
622. 


OF  PENNSYLVANIA.  113 


if  the  two    districts    do    not    open  their 
schools  at  the  same  time. 

93.  Pupils  from  an  adjoining  district 
are  to  be  charged  for  by  the  month,  at 
the  same  rate  as  it  costs  the  district  re- 
ceiving them,  per  pupil,  to  keep  its  own 
schools  in  operation.  They  are  not 
merely  to  be  paid  for  according  to  the 
number  of  days  of  actual  attendance,  but 
as  long  as  their  names  remain  on  the  roll 
and  their  seats  are  kept  for  them. 

94.  The  board  receiving  pupils  from  an 
adjoining  district,  under  the  terms  of 
this  law,  has  no  claim  upon  their  parents, 
but  only  on  the  board  of  their  proper 
district,  with  whom  there  should  be  a 
written  agreement  on  the  subject. 


When  districts 


CXVI.  For  the  purpose  of  erecting  may  contract 
school  houses  or  purchasing  ground 
whereon  to  erect  school  houses  it  shall 
be  lawful  for  the  directors  or  control- 
lers of  any  district  to  borrow  money  at 
a  rate  of  interest  not  exceeding  six  per 
centum,  and  issued  bonds  therefor  in 
sums  of  not  less  than  one  nundred  dol- 
lars each  (s). 


(S)  Act  May  8,  1851,  sec.  22,  P.  L.  p.  621. 
8 


114  SCHOOL  LAWS  AND  DECISIONS 

Limitation  of  in-  CXVII.  That  whenever  the  debt  of  any 
county,  city,  borough,  township,  school 
district,  or  other  municipality  or  incor- 
porated district  within  this  Common- 
wealth shall  be  equal  to  seven  per 
centum  upon  the  assessed  value  of  the 
taxable  property,  as  fixed  by  the  last 
preceding  assessed  valuation  therein,  it 
shall  be  unlawful  to  increase  the  same, 
and  all  such  increase  shall  be  void,  and 
any  obligation  issued  for  such  increase, 
or  any  part  thereof,  shall  be  of  no  bind- 
ing force  upon  such  municipality  or  dis- 
trict; and  each  of  the  officers  thereof 
willfully  authorizing  such  increase,  or 
executing  any  obligation  therefor,  sball 
be  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof  shall  be  fined  not  ex- 
ceeding ten  thousand  dollars,  and  under- 
go an  imprisonment  not  exceeding  one 
year,  or  either,  at  the  discretion  of  the 
court  trying  the  same:  Provided,  That 
any  city,  the  debt  of  which  now  ex- 
ceeds seven  per  centum  of  such  assessed 
valuation,  may,  under  authority  of  law 
to  be  hereafter  enacted,  increase  the  same 
three  per  centum  in  the  aggregate  at  any 
one  time  upon  such  valuation  (t). 


(t)  Act  April  20,  1874,  sec.  1,  P.  L.  page 
65. 


OF  PENNSYLVANIA.  115 

CXVIII.  That  any  county,  city,  bor-  how  indebted- 
ough,  school  district,  or  other  municipal-  "leased.7  be '" 
ity  or  incorporated  district,  may  incur 
debt,  or  increase  its  indebtedness  to  an 
amount  in  the  aggregate  not  exceeding 
two  per  centum  upon  the  assessed  value 
of  the  taxable  property  therein,  as  fixed 
and  determined  by  the  last  preceding 
assessed  valution  thereof;  and  the  cor- 
porate authorities  of  such  rrunicipality 
may  by  a  vote  thereof,  dulj  recorded 
upon  its  minutes,  authorize  a"d  direct 
the  incurring  or  the  increase  of  l  'ch  debt 
to  the  amount  aforesaid,  and  may  issue  May  issue  bonds, 
coupon  bonds  or  other  securities  tnerefor 
in  sums  not  less  than  one  hundred  dol- 
lars each,  bearing  interest  at  a  rate  not 
exceeding  six  per  centum  per  annum, 
payable  semi-annually,  and  the  princi- 
pal thereof  reimbursable  at  a  period  not 
exceeding  thirty  years  from  the  date  at 
which  the  same  is  authorized:  and  an 
annual  tax  commencing  the  first  year 
after  such  debt  shall  be  increased  or  in- 
curred, equal  to  at  least  eight  per 
centum  of  the  amount  thereof,  shall  be 
forthwith  assessed  to  provide  for  the 
payment  of  the  interest  and  the  liquida- 
tion of  the  principal  thereof;  and  the 
moneys  arising  from  such  tax  shall  be 
applied  annually,  and  as  fast  as  the  same 


116  SCHOOL  LAWS  AND  DECISIONS 

accumulates  to  the  redemption  at  par  of 
the    said    outstanding    obligations.      Be- 
fore issuing  any  such  obligation  or  secur- 
ity, it  shall  be  the  duty  of  the  principal 
officer,   or   officers,   of   such   municipality 
or     incorported     district     to     prepare     a 
statement   showing  the   actual   indebted- 
ness of  such  district,  the  amount  of  the 
last  preceding  assessed   valuation  of  the 
taxable  property  therein,  the  amount  of 
debt   to   be   incurred,   the   form,   number 
and  date  of  maturity  of  the  obligations 
to  be  issued  therefor,  and  the  amount  of 
the  annual  tax  levied  and  assessed  to  pay 
the  said  indebtedness,  and  he  shall  make 
certified  state-        and  aPPend  thereto  his  oath  or  affirma- 
ment  by  officers,     tion    of    the    truth    of    the   facts    therein 
stated,  and  shall  file  the  said  statement 
in  the  office  of  the  clerk  of  the  court  of 
quarter   sessions   of   the    proper    county; 
upon  failure  so  to  do,  he  shall  be  guilty 
of   a   misdemeanor,   and   upon    conviction 
thereof  shall  be  punished  as  provided  in 
the    first    section    of    this    act.     Certified 
copies   of   the   record   of   such   statement 
under  the  seal  of  said  court  shall  be  com- 
petent evidence  in  all  the  courts  of  this 
Commonwealth:       Provided,      That      the 


OF  PENNSYLVANIA.  117 

bonds  shall  not  be  sold  at  less  than  their 
par  value  (v). 

CXIX.  Whenever,    by    the    returns    of 
such  election,  it  shall  appear  that  there 
is  a  majority  voting  for  "no  increase  of    Returns  of  eiec- 
debt,"  such  increase  shall  not  be  made, 
nor    shall    any    other    election    upon    the 
same  subject  be  held  in  that  municipal- 
ity for  one  year  from  the  date  of  such 
preceding     election.       If    the    return    of 
such  election  shall  show  a  majority  vot- 
ing that   "debt   may   be   increased,"   the 
corporate  authorities  of  the  municipality 
may   increase   the    same   to    the   amount 
named  and  specified  in  the  notice  given 
by  them  for  the  holding  of  such  election,    May  issue  bonds, 
in  the  manner  and  subject  to  all  of  the 
requirements    provided     by     the     second 
section  of  this  act  for  increasing  indebt- 
edness to  an  amount  not  exceeding  two 
per   centum,   including   the   sworn   state- 
ment, to  be  filed  in  the  office  of  the  clerk 
of   the   court   of   quarter   sessions  of  the 
proper  county;  and  they  shall,  before  is- 
suing any  obligation  therefor,  assess  and 
levy  an  annual  tax,  the  collection  whereof 
shall  commence  the  first  year  after  the 
said  increase,   which   tax  shall  be  equal 

(v)  Act  April  20,  1874,  sec.  2,  P.  L,.  page 
65. 


118 


SCHOOL  LAWS  AND  DECISIONS 


Meaning  of  in- 
debtedness. 


Must  publish  de- 
tailed statement 
of  indebtedness. 


to  at  least  eight  per  centum  of  the  amount 
of  such  increased  debt,  and  which  shall 
be  sufficient  for  and  be  applied  exclu- 
sively to  the  payment  of  the  interest  and 
the  principal  of  such  debt,  within  a  pe- 
riod not  exceeding  thirty  years  from  the 
date  of  such  increase;  and  the  moneys 
arising  from  such  tax  shall  be  applied 
annually,  and  as  fast  as  the  same  accu- 
mulates, to  the  redemption,  at  par,  of  the 
said  outstanding  obligations  (w). 

CXX.  The  word  "indebtedness,"  used 
in  this  act,  shall  be  deemed,  held  and 
taken  to  include  all  and  all  manner  of 
debt,  as  well  floating  as  funded,  of  the 
said  municipality;  and  the  net  amount 
of  such  indebtedness  shall  be  ascertained 
by  deducting  from  the  gross  amount 
thereof,  the  moneys  in  the  treasury,  ail 
outstanding  solvent  debts,  and  all  rev- 
enues apr" 'cable  within  one  year  to  the 
payment  of  the  same  (x). 

CXX  I.  The  corporate  authorities  of 
every  such  municipality  or  district  shall 
annually,  in  the  month  of  January,  pre- 
pare and  publish   in  at  least  two  news- 


(w)  Act  April  20,  1874,  sec.  4,  P.  L. 
page  67. 

fx)  Act  April  20,  1874,  sec.  5,  P.  L. 
page  68. 


OF  PENNSYLVANIA.  119 

papers  of  said  municipality,  or  of  the 
county  in  which  the  same  is  situate,  if 
so  many  be  printed  therein,  a  statement 
showing  in  detail  the  actual  indebted- 
ness, the  amount  of  the  funded  debt,  the 
amount  of  the  floating  debt  thereof,  the 
valuation  of  taxable  property  therein, 
the  assets  of  the  corporation,  with  the 
character  and  nature  thereof,  and  the 
date  of  maturity  of  the  respective  forms 
of  funded  debt  thereof,  and  a  neglect  or 
failure  so  to  do  shall  be  a  misdemeanor, 
punishable  by  fine  not  exceeding  one 
thousand  dollars  (y). 

CXXII.  That  the  existing  indebtedness  May  reissue 
of  any  such  municipality  evidenced  by 
outstanding  bonds  or  certificates  of  in- 
debtedness heretofore  issuer!,  may  be  pro- 
vided for  as  the  same  shall  mature,  by  a 
reissue  of  bonds  or  certificates  of  indebt- 
edness to  the  holders  of  said  outstanding 
bonds  or  certificates,  or  by  the  issue  and 
sale  at  not  less  than  par  of  new  bonds 
and  certificates;  and  the  present  floating 
indebtedness  of  any  such  municipality, 
may  be  funded  by  the  issue  and  sale  at 
not  less  than  par  of  bonds  or  certificates 
of    indebtedness   in    sums    not   less   than 


(y)    Act    April    20,    1874,    sec.    6,    P. 
page  68. 


120 


SCHOOL  LAWS  AND  DECISIONS 


Longest  time 
thirty  years. 


How  debt  may  be 
increased. 


Vote  of  citizens. 


one  hundred  dollars  each:  Provided, 
That  no  such  bonds  or  certificates  shall 
be  issued  for  a  longer  period  than  thirty 
velars  from  the  date  thereof;  and  it 
shall  be  the  duty  of  the  proper  corporate 
authorities  of  such  municipality  to  pro- 
vide for  the  payment  of  principal  and 
interest  of  all  such  bonds,  in  the  man- 
ner pointed  out  in  the  fourth  section  of 
this  act   (z). 

CXXIII.  The  indebtedness  of  any 
county,  city,  borough,  township,  school 
district  or  other  municipality  or  incor- 
porated district  in  this  Commonwealth, 
may  be  authorized  to  be  increased  to  an 
amount  exceeding  two  per  centum,  and 
not  exceeding  seven  per  centum,  upon 
the  last  preceding  assessed  valuation  of 
the  taxable  property  therein,  with  the 
assent  of  the  electors  thereof,  duly  ob- 
tained at  a  public  election  to  be  held  in 
the  said  district  or  municipality.  When- 
ever the  corporate  authorities  of  any 
county,  city,  borough,  township,  school 
or  other  municipality  or  incorporated  dis- 
trict, by  their  ordinance  or  vote  shall 
have  signified  a  desire  to  make  such  in- 
crease  of   indebtedness,   they   shall   give 


(z)    Act    April    20,    1874,    sec.    7.    P.    L. 
page  68. 


OF  PENNSYLVANIA.  121 

notice  during  at  least  thirty  days,  by 
weekly  advertisements  in  the  newspa- 
pers, not  exceeding  three  in  said  district; 
and  if  no  newspapers  be  published  there- 
in, by  at  least  twenty  printed  hand 
bills  posted  in  the  most  public  parts 
thereof,  of  an  election  to  be  held  at  the 
place  or  places  of  holding  the  municipal 
elections  in  said  district  or  municipality, 
on  a  day  to  be  by  them  fixed,  for  the 
purpose  of  obtaining  the  assent  of  the 
electors  thereof  to  such  increase  of  in- 
debtedness. 
Said   notice   shall   contain   a  statement    statement  must 

,  be  furnished. 

of  the  amount  of  the  last  assessed  valua- 
tion, of  the  amount  of  the  existing  debt, 
of  the  amount  and  percentage  of  the 
proposed  increase,  and  for  the  purposes 
for  which  the  indebtedness  is  to  be  in- 
creased. Such  election  shall  be  held  at 
the  place,  time  and  under  the  same  regu- 
lations as  provided  by  law  for  the  hold- 
ing of  municipal  elections,  and  it  shall 
be  the  duty  of  the  inspectors  and  judges 
of  such  elections  to  receive  tickets,  either 
written  or  printed,  from  electors  quali- 
fied under  the  constitution  of  this  State 
to  vote  in  such  district,  labeled  on  the 
outside,  "Increase  the  debt,"  and  contain- 
ing in  the  inside  the  words,  "No  increase 
of   debt,"    or    "Debt   may    be    increased;" 


122  SCHOOL  LAWS  AND  DECISIONS 

also  briefly,  the  purpose  and  amount  of 
increase,  and  to  deposit  said  tickets  in  a 
box  provided  for  that  purpose,  as  is  pro- 
vided by  law  in  regard  to  other  tickets 
received  at  said  election;  and  the  tickets 
so  received  shall  be  counted,  and  a  re- 
turn thereof  made  to  the  clerk  of  the 
court  of  quarter  sessions  of  the  proper 
county,  duly  certified,  as  is  required  by 
law,  together  with  a  certified  copy  of  the 
ordinance  and  the  advertisement;  and  the 
said  clerk  shall  make  a  record  of  the 
same,  and  furnish  a  certified  copy  there- 
of, under  seal,  showing  the  result  to  the 
corporate  authorities  of  such  municipal- 
ity, and  the  same  shall  be  placed  on 
Election,  when       record    upon    the    minutes    thereof.     The 

to  be  held.  . ,  „  ,  .    . 

corporate  authorities  of  such  munici- 
pality shall,  in  all  cases,  fix  the  time  for 
holding  such  election  on  the  day  of  the 
municipal  or  of  the  general  election,  un- 
less more  than  ninety  days  elapse  be- 
tween the  date  of  the  ordinance  or  vote 
desiring  such  increase,  and  the  day  of 
holding  the  said  municipal  or  general 
Expenses  of  e.iec-    election.     If  any  other  dav  be  fixed  for 

Hon.  J  * 

such  election,  the  expense  of  holding 
the  same  shall  be  paid  by  the  munici- 
pality, for  the  benefit  of  which  it  shall 
be  held.  In  receiving  and  counting  and 
in  making  returns  of  the  votes  cast,  the 
inspectors,    Judges    and    clerks    of    said 


OF  PENNSYLVANIA.  123 

election  shall  be  governed  by  the  laws  of 
this  Commonwealth  regulating  munici- 
pal elections;  and  the  vote  shall  be 
counted  by  the  court  as  is  now  provided 
by  general  laws  governing  municipal 
elections,  and  all  the  penalties  of  the 
said  election  laws  for  the  violation  there- 
of, and  are  hereby  extended  to,  and  shall 
apply  to  the  voters,  inspectors,  judges 
and  clerks  voting  at  and  in  attendance 
upon  the  elections  held  under  the  pro- 
visions of  this  act  (a). 

In  regard  to  the  refunding  and  re- 
demption of  existing  indebtedness,  see 
act  of  May  8,  1876,  P.  L.  page  128. 

CXXIV.  That   in   all    cases   where   any    Bonds  may  be 

redeemed. 

school  district  or  school  directors  of  any 
such  district,  in  this  Commonwealth  has, 
by  virtue  of  any  law  or  any  general  or 
special  act  of  Assembly  of  this  Common- 
wealth, issued  bonds,  either  with  or 
without  interest  coupons  attached,  cer- 
tificates or  any  other  evidence  of  indebt- 
edness, to  secure  any  indebtedness  of  any 
such  school  district  it  shall  be  lawful 
for  the  school  directors,  or  proper  offi- 
cers  of  any   such   school   district,   to   re- 


fa)  Act  June  9,  1891,  sec.  3,  P.  L.  p.  254. 


124  SCHOOL  LAWS  AND  DECISIONS 

deem  any  or  all  of  the  bonds,  certificates 
or  any  other  evidence  of  indebtedness  so 
issued  as  aforesaid,  before  or  after  the 
maturity  thereof,  with  the  consent  of  the 
holders  thereof,  and  for  the  purpose  of 
redeeming  or  paying  any  such  bonds, 
certificates  or  other  evidences  of  indebt- 
edness, to  issue  new  bonds  therefor,  pay- 
able at  any  time  not  exceeding  twenty 
years  after  the  date  thereof,  at  the  same 
or  any  lower  rate  of  interest,  with  cr 
without  interest  coupons  attached,  and 
not  exceeding  in  the  aggregate  amount 
the  amount  of  the  bonds,  certificates  or 
other  evidences  of  indebtedness  so  re- 
deemed or  paid  (b). 

CXXV.  That  the  school  directors  of 
the  several  school  districts  in  this  Com- 
monwealth, except  in  cities  of  the  first, 
second  and  third  class,  be  and  they  are 
hereby  authorized  to  issue  bonds,  with 
or  without  coupons  attached,  to  redeem 
the  present  indebtedness  of  the  respec- 
tive districts,  where  the  indebtedness  is 
due  or  payable,  at  the  option  of  the  said 

Bonds  may  be         boards,   at  a  lower  rate  of  interest,   re- 
redeemed  at  a 

lower  rate  of  deemable,    at   the    option    of   said    school 

interest. 


(b)  Act  May  10,  1881,  sec.  1,  P.  L.  page 
16. 


OF  PENNSYLVANIA.  125 


directors,  at  any  time  after  two  years 
from  the  date  thereof,  and  payable  in 
twenty  years  from  the  date  thereof,  inter- 
est payable  semi-annually;  which  bonds 
shall  be  exempt  from  all  taxes,  except 
for  state  purposes,  and  shall  not  be  sold 
at  less  than  par  by  said  school  board  (c). 

CXXVI.  That  all  bonds,  notes  or  cer- 
tificates of  indebtedness  heretofore  is- 
sued by  any  board  of  school  directors  in 
the  districts  aforesaid,  to  fund  floating 
debt,  or  refund  a  refunded  debt  at  a 
lower  rate  of  interest,  be  and  the  same 
are  hereby  declared  to  be  valid  and  bind- 
ing, as  fully  and  effectually  as  though 
they  had  been  specially  authorized  by 
statute:  Provided  however,  That  this 
act  shall  not  affect  any  cases  that  may 
now  be  pending  in  any  of  the  courts  of 
this  Commonwealth  (d). 

CXXVII.  That  in  all  cases  where  any 
founty,  city  (except  cities  of  the  first 
and  second  classes),  boroughs,  municipal- 
ity or  school  district  in  this  Common- 
wealth, has,  by  virtue  of  any  general  or 
special  act  of  Assembly,  issued  bonds  or 


(c)  Act  May  26,  1881,  sec.  1,  page  34. 

(d)  Act  May  26,  1881,  sec.  2.  P.  L.  page 
34. 


126  SCHOOL  LAWS  AND  DECISIONS 

other  interest-bearing  evidences  of  in- 
debtedness, with  or  without  interest  cou- 
pons attached,  to  secure  any  indebted- 
ness of  any  such  county,  city,  borough, 
municipality  or  school  district,  it  shall 
be  lawful  for  any  such  county,  city  (ex- 
cept cities  of  the  first  and  second 
classes),  boroughs,  municipality  or  school 
district,  to  redeem  or  pay  off  any  or  all 
of  the  bonds  or  other  interest-bearing 
evidences  of  indebtedness  so  issued, 
which  may  be  matured  or  payable,  or 
whenever  any  county,  city  (except  cities 
of  the  first  and  second  classes),  borough, 
municipality  or  school  district  shall  have 
the  option  to  redeem  or  pay  any  such 
bonds  or  interest-bearing  evidences  of 
indebtedness,  and  for  that  purpose  shall 
have  the  right  to  issue  and  sell  bonds 
either  with  or  without  coupons  attached, 
bearing  interest  not  exceeding  six  per 
centum  per  annum,  redeemable  at  the 
option  of  the  county,  city,  borough,  mu- 
nicipality or  school  district,  issuing  the 
same,  in  five  years,  and  payable  at  any 
time,  not  exceeding  twenty  years  after 
the  date  thereof,  and  not  exceeding  in 
the  aggregate  amount  of  the  bonds  or 
other  indebtedness  so  redeemed  or  paid, 
and  the  said   bonds     so     issued  or  sold, 


OF  PENNSYLVANIA.  127 

in  accordance  with  the  provisions  of  this 
act,   shall   be  exempt  from  taxation,   ex- 
cept for  state  pin  poses  (e). 
CXXVIII.  That     the     holders     of     any    Right  to  surren- 

der  bonds. 

bonds  or  evidences  of  indebtedness  as 
aforesaid,  which  may  be  matured  or  pay- 
able, or  which  may  be  payable  or  re- 
deemable at  the  option  of  any  county, 
city  (except  cities  of  the  first  and  second 
classes),  borough,  municipality  or  school 
district,  but  which  may  not  be  matured  or 
payable,  shall  first  have  the  right  to  sur- 
render said  bonds  and  receive  bonds,  is- 
sued under  the  provisions  of  this  act,  in 
like  amount  in  lieu  thereof,  and  notice 
shall  be  given  of  the  right  of  the  holder 
of  such  bonds  to  surrender  the  same  and 
accept  bonds  issued  under  this  act,  by 
publication   for  three  weeks,   in  at  least 

Publication  re- 

one  newspaper  published  in  the  county,  quired, 
and  in  case  of  a  city,  borough,  munici- 
pality or  school  district,  by  like  publica- 
tion in  at  least  one  newspaper  published 
in  the  county  in  which  the  said  borough, 
municipality    or    school    district   may    be 


(e)    Act    April    14,    1881,    sec.    1,    P.    L. 
page  10. 


128 


SCHOOL  LAWS  AND  DECISIONS 


Section  4,  act  of 
April  20,  1874, 
cited  for  amend- 
ment. 


located,   before  any   bonds  shall  be  sold 
under  the  first  section  of  this  act  (f) 

CXXIX.  Be  it  enacted,  &c„  That  sec- 
tion four  of  an  act  of  assembly,  entitled, 
"An  act  to  regulate  the  manner  of  in- 
creasing the  indebtedness  of  municipali- 
ties, to  provide  for  the  redemption  of  the 
same,  and  to  impose  penalties  for  the  il- 
legal increase  thereof,"  approved  the 
twentieth  day  of  April,  Anno  Domini 
one  thousand  eight  hundred  and  seventy- 
four,  which  reads  as  follows:  "When- 
ever, by  the  returns  of  such  election,  it 
shall  appear  that  there  is  a  majority 
voting  for  'no  increase  of  debt,'  such  in- 
crease shall  not  be  made,  nor  shall  any 
other  election  upon  the  same  subject  be 
held  in  that  municipality  for  one  year 
from  the  date  of  such  preceding  election. 
If  the  return  of  such  election  shall  show 
a  majority  voting  that  'debt  may  be  in- 
creased,' the  corporate  authorities  of  the 
municipality  may  increase  tht*  same  to 
the  amount  named  and  specified  in  the 
notice  given  by  them  for  the  holding  of 
such  election,  in  the  manner  and  sub- 
ject to  all  the  requirements  provided  by 


(f)  Act    April    14,    1881,    sec.    2,    P.    L. 
page  11. 


OF  PENNSYLVANIA. 


129 


the  second  section  of  this  act  for  increas- 
ing indebtedness  to  an  amount  not  ex- 
ceeding two  per  centum,  including  the 
sworn  statement,  to  be  filed  in  the  office 
of  the  clerk  of  the  court  of  quarter  ses- 
sions of  the  proper  county;  and  they 
shall,  before  issuing  any  obligation  there- 
for, assess  and  levy  an  annual  tax,  the 
collection  whereof  shall  commence  the 
first  year  after  the  said  increase,  which 
tax  shall  be  equal  to  at  least  eight  per 
centum  of  the  amount  of  such  increased 
debt,  and  which  shall  be  sufficient  for 
and  applied  exclusively  to  the  payment 
of  the  interest  and  principal  of  such  debt, 
within  a  period  not  exceeding  thirty 
years  from  the  date  of  such  increase; 
and  the  moneys  arising  from  such  tax 
shall  be  applied  annually,  and  as  fast  as 
the  same  accumulates,  to  the  redemption, 
at  par,  of  the  outstanding  obligations," 
shall  be  and  is  hereby  amended  so  as  to 
read   as  follows: 

CXXX.  Whenever,  by  the  returns  of 
such  election,  it  shall  appear  that  there 
is  a  majority  voting  for  "no  increase  of 
debt,"  such  increase  shall  not  be  made. 
Nor  shall  any  other  election  upon  the 
same  subject  be  held  in  that  municipality 
for  one  year  from  the  date  of  such  pre- 
9 


When  debt  shall 
not  be  increased. 


Election  on  same 
subject. 


130 


SCHOOL  LAWS  AND  DECISIONS 


When  and  to 
what  amount 
debt  may  be  in- 
creased. 


Sworn  statement. 


Tax  to  be  as- 
sessed. 


Amount  and  ap- 
plication of  tax. 


Redemption  of 
obligations. 


ceding  election.  If  the  return  of  such 
election  shall  show  a  majority  voting 
that  "debt  may  be  increased,"  the  cor- 
porate authorities  of  the  municipality 
may  increase  the  same  to  the  amount 
named  and  specified  in  the  notice  given 
for  the  holding  of  such  election  for  in- 
creasing indebtedness,  to  an  amount  not 
exceeding  two  per  centum,  including  the 
sworn  statement  to  be  filed  in  the  office 
of  the  court  of  quarter  sessions  of  the 
proper  county;  and  they  shall,  before 
issuing  any  obligations  therefor,  assess 
and  levy  an  annual  tax,  the  collection 
whereof  shall  commence  the  first  year 
after  the  said  increase,  which  tax  shall 
be  equal  to  and  sufficient  for  and  applied 
exclusively  to  the  payment  of  the  inter- 
est and  the  principal  of  such  debt  within 
a  period  not  exceeding  thirty  years  from 
the  date  of  such  increase;  and  the 
moneys  arising  from  such  tax  shall  be 
applied,  at  such  periods  as  the  munici- 
pality may  stipulate  in  such  obligations, 
to  the  redemption,  at  par,  of  the  said 
outstanding  obligations  according  to 
their  terms  (g). 
Sec.  2.  All  acts  or  parts  of  acts  incon- 


(g)  Act  April  18,  1895,  sec.  4,  page  37. 


OF  PENNSYLVANIA.  131 

sistent    herewith    be    and    the    same    are    Repeal, 
hereby  repealed. 

CXXXI.  In  all  cases  where  real  estate 
has  been  or  is  held  by  the  trustees  for 
the  general  use  of  the  neighborhood  as 
a  school  house  or  its  appendages,  and  the 
same  has  been  or  shall  be  conveyed  to 
the  school  district  by  the  surviving 
trustees,  such  conveyance  shall  be  as 
valid  to  pass  the  legal  estate  in  the  prem- 
ises to  such  school  district  as  if  executed 
by  all  of  them,  pursuant  to  the  fourteenth 
section  of  the  act  of  thirteenth  June. 
Anno  Domini  one  thousand  eight  hun- 
dred and  thirty-six  (h). 

CXXXII.  They  shall  exercise  a  gen-  to  visit  monthly, 
eral  supervision  over  all  the  schools  of 
their  respective  districts,  and  shall  by  one 
or  more  of  their  number,  visit  every 
school  in  the  district  at  least  once  in 
each  month,  and  shall  cause  the  result 
of  such  visit  to  be  entered  on  the  min- 
utes of  the  board  (h). 

CXXXIII.  They     shall     have     the     ap-   To appolnt  and 
pointment  of  all  the  teachers  of  common   anTtlx  Sy6" 
schools  in  the  district,  fix  the  amount  of 
teachers'  salaries,  and  may  dismiss  them 


(h)    Act    May    8,    1854,    sec.    23,    P.    L. 
page   622. 


132 


SCHOOL  LAWS  AND  DECISIONS 


Teachers  of 
certain  grades 
may  be  elected  for 
two  and  three 
years. 


Dismissal  for 
cause. 


at   any   time   for   incompetency,   cruelty, 
negligence  or  immorality  (h). 

CXXXIV.  That  on  and  after  the  pass- 
age of  this  act,  local  school  boards  of  the 
various  townships,  boroughs  and  wards, 
and  boards  of  education,  boards  of  con- 
trol and  other  bodies  having  authority 
under  the  laws  of  this  Commonwealth, 
to  elect  principals  and  assistant  teachers 
of  public,  high  and  State  normal  schools 
of  said  Commonwealth,  may  elect  prin- 
cipals and  assistant  teachers,  holding  the 
grade  of  "professional  certificates,"  for 
two  successive  school  terms,  and  those 
holding  the  grade  of  "permanent  certifi- 
cates," or  diplomas,  issued  by  state  nor- 
mal schools  of  this  Commonwealth,  for 
three  successive  school  terms:  Provided, 
That  any  of  the  aforesaid  boards  shall 
have  power,  at  any  time,  to  dismiss  any 
principal  or  assistant  teacher  in  their 
employ,  for  any  of  the  causes  mentioned 
in  the  act  of  May  eight,  one  thousand 
eight  hundred  and  fifty-four,  of  the 
schools  of  this  Commonwealth  (i). 


(h)  Act  May  8,  1854,  sec.  23,  P.  L. 
page  622. 

(i)  Act  June  25,  1885,  sec.  1,  P.  L.  pa?e 
175. 


OF  PENNSYLVANIA.  133 

Whereas,  It  is  important  that  all  ap- 
pearances of  sectarianism  should  be 
avoided  in  the  administration  of  the  pub- 
lic schools  of  this  Commonwealth. 

CXXXV.  That  no  teacher  in  any  public    wearing  of  any 

„,,._.  ,,,       ,     ,,  religious  dress  or 

school  of  this  Commonwealth  shall  wear   emblem  by  teacb- 

.  -         ,        ,  ,  .,    ,  ,     .        .,         er  iii  public 

in  said  school  or  whilst  engaged  m  the   schools  pro- 
performance  of  his  or 'her  duty  as  such   blt"ted- 
teacher  any  dress,  mark,  emblem  or  in- 
signia   indicating     the     fact    that     such 
teacher  is  a  member  or  adherent  of  any 
religious  order,  sect  or  denomination  (k). 

CXXXVI.  That  in  case  of  viola-  penalties  for 
tion  of  the  provisions  of  the  first  section  provisionsof 
of  this  act  by  any  teacher  employed  in 
any  of  the  public  schools  of  this  Com- 
monwealth, notice  of  which  having  been 
previously  given  to  the  school  board  em- 
ploying such  teacher  that  it  shall  be  the 
duty  of  such  school  board  to  perma- 
nently suspend  such  teacher  for  employ- 
ment in  such  school  for  the  term  of  one 
year,  and  in  case  of  a  second  offense  by 
the  same  teacher  it  shall  be  the  duty  of 
said  school  board  to  permanently  dis- 
qualify such  teacher  from  teaching  in 
said    school,    and    any    public    school    di- 


thls  :ict. 


(k)  Act  June  27,  1895,  sec.  1,  page  39o. 


134  SCHOOL  LAWS  AND  DECISIONS 

rector  failing  to  comply  with  the  provi- 
sions of  this  act  shall  be  guilty  of  a  mis- 
demeanor and  shall  be  punishable,  upon 
conviction  of  the  first  offense,  by  a  line 
not  exceeding  one  hundred  dollars,  and 
in  case  of  a  second  conviction  or  the 
violation  of  the  provisions  of  this  act, 
the  offending  school  director  shall  be 
punished  by  a  fine  not  exceeding  one 
hundred  dollars  and  shall  be  deprived  of 
his  or  her  office  as  a  public  school  di- 
rector. A  person  thus  twice  convicted 
shall  not  be  eligible  to  appointment  or 
election  as  a  director  of  any  public  school 
in  this  State  within  a  period  of  five  years 
from  the  date  of  his  or  her  second  con 
viction   (1). 

95.  No  teacher  should  be  employed 
without  a  printed  or  written  agreement. 
Innumerable  difficulties  spring  from  the 
neglect  of  this  measure.  The  printed 
form  at  the  end  of  this  digest  should  be 
used. 

96.  The  certificate  is  a  safe  guide  in 
selecting  teachers  in  regard  to  profes- 
sional standing,  and   the  grading  of  the 


(1)  Act  June  27,  1895,  sec.  2,  page  395. 


OF  PENNSYLVANIA.  135 


salaries  in  proportion  to  the  figures  in 
the  certificate  is  a  wise  and  beneficial 
rule.  The  simple  rule  of  accepting  those 
with  the  best  certificates — moral  charac- 
the  being  right — will  soon  exclude  the 
incompetent  and  render  the  task  of  selec- 
tion easy. 

97.  The  employment  of  a  teacher  with- 
out a  valid  certificate  is  illegal,  for  the 
law  says  elsewhere,  "no  teacher  shall  be 
employed  in  teaching  any  branch  of 
learning  other  than  those  enumerated  in 
his  or  her  certificate."  See  Sec.  CCLL, 
p.  240. 

98.  Family,  political  or  church  influ- 
ence should  never  be  permitted  to  swerve 
a  director  from  the  line  of  duty,  in  the 
selection  of  teachers.  These  have  often 
been  the  bane  of  the  exercise  of  the  office 
in  this  its  highest  function. 

99.  The  jurisdiction  and  authority  of 
the  teacher  over  the  pupil  are  neither 
limited  by  the  school  house  walls,  nov  to 
the  time  the  school  is  actually  in  session. 
As  a  general   rule,  in  all  matters  legiti- 


136  SCHOOL  LAWS  AND  DECISIONS 

mately  connected  with  the  schools  and 
the  manners  and  morals  of  the  scholars, 
the  teacher's  jurisdiction,  conjointly  with 
that  of  the  parent,  commences  when  pu- 
pils leave  the  parental  roof  and  control 
to  go  to  school,  and  continues  until  thoir 
return  from  school.  The  teacher,  how- 
ever, is  not  responsible  for  the  miscon- • 
duct  of  pupils  on  the  way  to  and  from 
school,  though  he  has  the  right  to  pun- 
ish for  such  misconduct,  when  brought 
to  his  knowledge. 

100.  The  teacher  is  to  bestow  equal  and 
impartial  attention  on  all  children  placed 
under  his  charge;  to  be  undeviating  in 
adherence  to  a  firm,  uniform  and  moder- 
ate system  of  discipline;  and  to  pay 
most  especial  regard  to  the  morals,  hab- 
its and  general  behavior,  as  well  as  men- 
tal instruction  of  his  pupils.  The  relig- 
ious predilections  of  pupils  and  their  pa- 
rents or  guardians  should  be  sacredly  re- 
spected, sectarian  instruction  not  being 
the   province   of   the   school   teacher,   but 


OF  PENNSYLVANIA.  137 


of  the  parent  or  guardian,  and  the  spir- 
itual teacher  selected  by  him. 

101.  The  teacher  should  govern  his 
school  by  appeals  to  the  reason  and 
better  feelings  of  his  pupils  if  possible. 
But  a  teacher  in  the  common  schools 
stands  in  place  of  a  parent  to  a  pupil, 
and  may  administer  correction  to  him 
under  the  same  restrictions  as  in  the  case 
of  a  parent. 

102.  The  right  of  a  teacher  to  inflict 
such  punishment  is  founded  upon  the 
necessity  of  the  case  and  not  upon  sta- 
tute. It  is  absolutely  necessary  that 
good  order  should  be  maintained  in  the 
schools,  and  that  all  proper  rules,  regu- 
lations and  commands  of  the  teacher 
should  be  strictly  and  promptly  obeyed. 
Hence  a  necessity  exists  for  sufficient 
power  to  enforce  this  duty,  and  there- 
fore it  is  held  that  the  teacher  may  in- 
flict such  reasonable  corporal  punish- 
ment upon  the  pupil  as  the  parent  might 
inflict  for  a  similar  cause. 

103.  The  removal   of  teachers  is  in  all 

9* 


138  SCHOOL  LAWS  AND  DECISIONS 

cases  to  be  very  cautiously  effected.  The 
law  specifies  the  causes  for  dismissal; 
and  it  is  alike  due  to  the  dignity  of  *he 
board  and  the  rights  of  teachers  that  no 
one  should  be  displaced  except  on  tne 
clearest  proof  and  after  thorough  investi- 
gation, if  necessary.  A  teacher  w.onged 
in  this  respect  can  seek  redress  by  a  suit 
against  the  board  for  damages. 

104.  Dismissal  of  a  teacher  is  of  two 
kinds;  from  employment  by  the  direc- 
tors, and  from  the  profession  by  the 
county  superintendent. 

105.  If  charges  of  incompetency,  cru- 
elty, negligence  or  immorality  be  made 
against  the  teacher,  a  hearing  should 
take  place  and  a  full  investigation  in  the 
presence  of  the  teacher  be  granted,  with 
reasonable  notice  to  prepare  for  his  de- 
fense, and  the  result  be  entered  on  the 
minutes. 

monthly  rePOTt*5  CXXXVII.  That  it  shall  be  the  duty  of 
every  teacher  employed  under  the  provi- 
sions of  this  act  to  make  out  and  file 
with  the  board  of  directors  or  controllers 
of  the  district,  at  the  end  of  each  month 


OF  PENNSYLVANIA.  139 

a  report  setting  forth  the  whole  number 
of  pupils  attending  school  during  the 
month,  designating  whether  male  or  fe- 
male, the  number  of  days  each  attended, 
the  books  used  and  branches  taught;  and 
until  such  reports  shall  bave  been  made 
it  shall  not  be  lawful  for  the  board  of 
directors  to  pay  said  teacher  for  his  or 
her  services.  The  reports  made  in  pur- 
suance of  the  foregoing  provision  shall  To  be  tiled  and 
be  regularly  filed  by  the  secretary  of  the  ^j^pub,ic 
board  of  directors  or  controllers,  and 
sball  at  all  times  be  subject  to  the  inspec- 
tion of  any  citizen  of  the  district  (m). 

106.  The  monthly  report  books  have 
been  improved  from  time  to  time,  and 
they  are  now  believed  to  embrace  ail  that 
is  necessary.  Unless  they  are  properly 
and  regularly  kept  it  will  be  impossible 
to  obtain  and  furnish  that  statistical 
view  of  the  schools  so  necessary  to  their 
own  improvement  and  the  public  inform- 
ation. 

CXXXVIII.  They     shall     direct     what    To  direct  studies 

and  expel  pupils 

branches  of  learning  shall  be  taught  in    tor  misconduct. 


(m)    Act    May    8,    1854.    sec.    27,    P.    L. 
page  623. 


140  SCHOOL  LAWS  AND  DECISIONS 

each  school,  and  what  books  shall  be 
used,  agreeably  to  the  provisions  of  the 
twenty-fifth  and  thirty-eighth  sections 
of  this  act,  and  may  suspend  or  expel 
from  the  school  all  pupils  found  guilty, 
on  full  examination  and  hearing  of  re- 
fractory or  incorrigibly  bad  conduct  (n). 
107.  The  branches  of  orthography,  read- 
ing, writing,  arithmetic,  geography,  gram- 
mar, United  States  history  and  physiol- 
ogy and  hygiene  are  peremptorily  re- 
quired to  be  taught  in  every  district.  In 
addition  to  these  the  law  elsewhere  per- 
mits and  enjoins  provision  for  instruction 
in  "such  other  branches  as  the  board  of 
directors  or  controllers  may  require." 
See  Sec.  CCXLIII. 
Series  of  school  CXXXIX.  That   immediately    after   the 

howkseiIchtldand  annual  election  of  teacher  in  each  school 
district  of  the  State,  and  before  the  open- 
ing of  the  schools  for  the  ensuing  term, 
there  shall  be  a  meeting  of  the  directors 
or  controllers  and  teachers  of  each  dis- 
trict; at  which  meeting  the  directors  or 
controllers  shall  decide  upon  a  series  of 


(n)  Act  May  8,  1854,  sec.  23,  P.  L.  page 
622. 


OF  PENNSYLVANIA.  141 

school    books,    in   the   different   branches    No  others  to  be 
to    be    taught   during    the    ensuing    year;    used- 
which  books,  and  no  other,  shall  be  used 
in  the  schools  of  the  district  during  said 
period  (o). 
CXL.  That     school     directors    or     con-    Free  text  books 

.,  ,     ,,  ,  ,        ,  and  supplies. 

trollers  shall  purchase  text  books  and 
other  necessary  school  supplies  for  use 
in  the  public  schools  of  their  respective 
school  districts  as  such  new  text  books 
and  supplies  are  required,  in  addition  to 
those  at  present  in  use  in  the  hands  cf 
pupils,  or  owned  by  the  school  districts, 
out  of  the  school  fund  of  the  district,  and 
when  so  procured  the  necessary  books 
and  school  supplies  shall  be  furnished 
free  of  cost  for  use  in  the  schools  of  said 
district,  subject  to  the  orders  of  the  di- 
rectors or  controllers  thereof,  whose 
duty  it  shall  be  to  provide  for  the  return 
of  and  for  the  safe  keeping  and  care  of 
the  books,  which  shall  be  returned  at 
the  close  of  the  annual  school  term  in 
each  year,  or  as  the  board  may  direct  (p). 
CXLI.  That  the  board  shall  keep  an  ac- 


(o)  Act  May  8,  1854,  sec.  25,  P.  L.  pag* 
623. 

(p)  Act  May  18,  1893,  sec.  1,  P.  I,, 
page  93. 


142  SCHOOL  LAWS  AND  DECISIONS 

Boards  must  count  of  all  moneys  expended  under  the 

accouSQisarate  above  section  and  report  it  under  sepa- 
rate item  in  the  annual  financial  ac- 
counts as  authorized  by  law  (q) 

108.  It  is  now  the  imperative  duty  of 
the  several  boards  of  directors  and  con- 
trollers to  make  provision  for  furnishing 
and  equipping  their  schools  with  school 
books  and  with  the  supplies  generally 
needed  by  the  pupils  for  daily  use  in  the 
schools,  such  as  slates,  pencils,  papers, 
pens,  ink,  tablets,  &c. 

There  may  be  instances  in  which  the 
patrons  of  the  schools  will  cause  their 
children  to  use  the  books  in  their  pos- 
session so  long  as  these  books  are  in  good 
condition  and  do  not  differ  from  those 
adopted  by  the  board.  It  is  well,  how- 
ever, in  this  connection,  for  school  offi- 
cers, and  all  other  parties  concerned,  to 
bear  in  mind  the  fact  that,  parents  and 
children  cannot  be  required  or  compelled 
to  purchase  books  directly  as  heretofore; 
and  whilst  it  is  no  doubt  wise  to  urge 


(q)  Act  June  25,  1885,  sec.  2,  P.  L.  page 
173. 


OF  PENNSYLVANIA.  143 


the  pupils  to  use  the  books  in  their  pos- 
session, for  the  purpose  of  lessening  the 
immediate  outlay  of  money,  they  cannot 
be  obliged  to  use  their  own  books,  be- 
cause the  duty  of  providing  bocks  and 
supplies  for  the  use  of  the  schools  now 
devolves  upon  the  directors  and  control- 
lers having  jurisdiction  in  the  district, 
and  not  upon  the  patrons  of  the  schools, 
except  in  so  far  as  they  may  be  lawfully 
taxed  for  school  purposes,  thereby  con- 
tributing their  equitable  share  to  the 
general  school  fund  of  the  district. 

Books  in  all  the  required  branches  of 
study  are  to  be  provided  by  the  directors 
and  for  all  grades  of  the  public  schools, 
including  the  high  school. 

109.  The  only  limit  to  the  course  of  in- 
struction in  a  common  school  is  that  set 
by  the  wants  of  the  pupils  and  the  uis- 
cretion  of  the  board.  The  higher 
branches  of  learning  should  not,  how- 
ever, be  introduced,  either  in  mixed 
schools,  or  in  those  of  grades  established 
for   the  purpose,   till   full   provision   has 


144  SCHOOL  LAWS  AND  DECISIONS 

been  made  for  the  instruction,  in  the 
rudimental  branches  above  named,  of  ail 
who  need  them. 

110.  Suspension  is  the  separation  of  the 
pupil  for  a  limited  time  from  the  school, 
and  it  may  be  either  for  bad  conduct, 
for  absence,  or  as  a  sanitary  measure. 

111.  A  teacher  may  suspend  a  pupil 
until  the  board  can  be  called  togecher 
to  act  upon  the  matter;  but  suspension 
for  a  definite  time,  as  a  punishment,  can 
only  be  inflicted  by  the  board,  say  for  a 
month  or  the  remainder  of  the  term; 
and  is  only  to  take  place  after  full  ex- 
amination and  hearing,  a  note  of  which 
is  to  be  put  on  the  minutes  of  the  board. 

Books  may  be  CXLII.  That  hereafter  the  board  of  di- 

threTyearn8ce '"  rectors  of  any  district,  the  controllers  in 
cities  and  boroughs,  or  any  school  super- 
intendent, shall  not  order  or  direct,  or 
make  any  change  in  the  school  books  or 
series  of  text-books  used  in  any  school 
under  his  or  their  superintendence,  di- 
rection, or  control,  more  than  once  in 
every  period  of  three  years;  and  any 
laws  or  parts  of  laws  inconsistent  here- 


OP  PENNSYLVANIA.  145 

with,    be   and   the   same   are   hereby   re- 
pealed (r). 

CXLIII.  Any  school  director,  controller  Penaltyfor  viol 
or  superintendent,  who  shall  violate  the  "on  of  law. 
provisions  of  this  act,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  sentenced  by  the 
court  to  pay  a  fine,  not  exceeding  two 
hundred  dollars,  and  that  he  be  deprived 
of  his  office  (s). 

112.  The  power  of  selecting  the.  books 
to  be  used  by  the  pupils  is  left  by  law  ex- 
clusively in  the  hands  of  the  directors, 
with  that  of  prescribing  the  branches  to 
be  pursued  in  the  schools.  But  consulta- 
tion with  teachers  on  the  text-books  to 
be  used  is  a  legal  requirement. 

113.  The  addition  of  a  new  work  on 
some  branch  introduced  after  the  annual 
meeting  prescribed,  is  legal;  otherwise 
it  would  not  be  practicable  to  introduce 
new  studies  or  branches  of  study,  as  the 


(r)  Act  May  26,  1871,  sec.  1,  P.  L.  page 
280. 

(s)  Act  May  26,  1871,  sec.  2,  P.  L.  page 
280. 

10 


146  SCHOOL  LAWS  AND  DECISIONS 

pupils  advance,  but  only  at  the  beginning 
of  each  school  year. 

114.  The  scriptures  come  under  the 
head  of  text-books,  and  they  should  not 
be  omitted  from  the  list. 

115.  Sectarian  works  and  all  books  of 
controversial  or  immoral  tendency  should 
be  excluded.  The  common  school  is  no 
place  for  controversy  or  the  implanting 
of  the  habit  of  it,  either  on  religious  or 
political  subjects;  much  less  for  books 
or  lectures  of  questionable  morality. 

cannot  act  as  CXLIV.  That  it  shall    not    be    lawful 

agents.  jor  ^e  county  superintendents,  directors 

or  controllers,  or  any  other  person  offi- 
cialy  connected  with  the  common  school 
system,  to  become  agents  for  the  sale,  or 
in  any  way  promote  the  sale,  of  any 
school  books,  maps,  charts,  school  appa- 
ratus or  stationery,  or  to  receive  com- 
pensation for  such  sale,  or  promotion  of 
sale,  in  any  manner  whatsoever,  and 
any  violation  of  the  provisions  of  this 
section  shall  be  deemed  a  misdemeanor, 
and  punishment  with  a  fine  or  imprison- 
ment  (t). 


(t)  Act  May  8,  1854,  sec.  26,  P.  L.  p  623. 


OF  PENNSYLVANIA.  147 

CXLV.  That  it  shall  not  be  lawful  for   no  pecuniary 
any  director  or  president  of  any  school   interes1 
board  in  this  Commonwealth  to  be  inter- 
ested in  the  furnishing  of  books  or  any 
other  supplies  for  said  school  (v). 

116.  No  book-seller  who  is  a  director 
can  legally  be  the  agent  of  a  publisher 
for  the  introduction  and  supply  of  books, 
stationery,  etc.,  to  the  board  without  in- 
curring the  penalties  of  the  law,  nor  can 
a  board  of  directors  enter  into  a  contract 
with  its  members  to  build,  repair  or  fur- 
nish school  houses. 

117.  The  law  expressly  prohibits  super- 
intendents and  other  persons  officially 
connected  with  the  common  school  sys- 
tem from  acting  as  agents  for  the  sale  of 
school  books,  maps,  charts,  school  appa- 
ratus or  stationery,  and  from  promouug 
in  any  way  the  sale  of  such  articles  and 
publications,  or  receiving  compensation 
for  their  sale  or  promotion  of  their  sale. 
The  terms  ot  tne  law  are  clear  and  spe- 


(v;    Act    May    11,    1862,    sec.    17     P.    L. 
page  475. 


148  SCHOOL  LAWS  AND  DECISIONS 

cine  on  this  point,  and  the  penalties  for 
its  violation  severe.  Any  person  hold- 
ing a  commission  as  a  superintendent  of 
schools  cannot  legally  become  an  agent 
for  the  sale  of  school  books  or  supplies 
of  any  kind  for  the  use  of  the  schools,  or 
have  a  pecuniary  interest  in  the  sale  of 
the  same  in  his  own  district  or  else- 
where within  this  Commonwealth. 
May  grade  the  CXLVI.  The    directors   and    controllers 

schools. 

of  the  respective  districts  shall  have 
power  to  establish  schools  of  different 
grades,  and  to  determine  into  which 
school  each  pupil  shall  be  admitted  (w). 

118.  The  duty  of  grading  the  schools  is 
as  obligatory  upon  directors,  in  districts 
admitting  of  this  arrangement,  as  it  is 
to  establish  them  in  sufficient  numbers 
to  educate  all  of  proper  age,  who  may 
apply. 

119.  In  towns  and  densely  populated 
school  districts,  the  grading  of  the 
schools  not  only  secures  the  better  and 


(w)  Act  May  8,  1854,  sec.  23,  P.  L.  page 
622. 


OF  PENNSYLVANIA.  149 

more  speedy  instruction  of  the  pupils, 
and,  if  properly  arranged,  decreases  the 
expenses  of  the  district  in  proportion  to 
the  amount  of  instruction  imparted,  but 
it  elevates  the  common  school  plan  of 
education  by  enabling  it  to  impart  all 
the  instruction  the  pupil  requires,  until 
such  time  as  he  is  of  proper  age  to  leave 
home  in  pursuit  of  higher  attainments. 
Ungraded  common  schools  are  imperfect, 
and  should  only  be  tolerated  wbile  the 
circumstances  of  the  district  render 
grading  impossible. 

120.  The  school  law  does  not  prescribe 
the  hour  when  schools  shall  be  opened, 
nor  the  number  of  hours  during  which 
they  shall  be  kept  open.  Custom,  it  is 
true,  fixes  the  period  somewhere  between 
the  hours  of  eight  a.  m.,  and  five  p.  m., 
but  this  custom  may  be  departed  from, 
at  the  discretion  of  the  directors,  and  to 
suit  the  wants  of  the  pupils. 

CXLVII.  They   shall  pay  all   necessary    Pay  aU  necessary 
expenses  of  the  schools  by  drafts  on  the   ex^enses- 
district    treasurer,    signed    by    the    presi- 
dent, and  attested  by  the  secretary  of  the 


150  SCHOOL  LAWS  AND  DECISIONS 

board,   the   same   being   entered    on    the 
minutes  (x). 

121.  Every  order  on  the  district  treas- 
urer, to  be  strictly  legal,  should  be  au- 
thorized to  be  issued  by  a  vote  of  the 
board  in  meeting,  express  on  its  face 
the  purpose  for  which  it  was  issued,  and 
be  signed  by  the  president,  and  attested 
by  the  secretary. 

122.  Directors  may  legally  pay  for  sta- 
tionery, advertising  for  teachers,  print- 
ing blank  orders,  articles  of  agreement, 
etc.,  out  of  the  funds  of  the  district. 
Also,  all  postage  upon  official  business. 

123.  If  the  teacher's  salary  be  not  paid 

when  due  and   demanded,  it   will  be  on 

.nterest  against  the  district  from  the  date 

of  demand. 

statement*  to  ba  CXLVIII.  That  it  shall  be  the  duty  of 

f  urn  Bhed  to  each  koar(}  0f  school  directors  in  the  sev- 

audltors. 

eral  school  districts  of  this  Common- 
wealth, annually  at  the  close  of  the 
school  year,  to  place  in  the  hands  of  the 
proper    auditors,    a    full    certified    state- 


(x)  Act  May  8,  1854,  sec.  23,  P.  L.  page 

622. 


OF  PENNSYLVANIA. 


151 


ment,  itemized,  of  their  receipts  and  ex- 
penditures for  the  past  year,  including 
the  assets  and  liabilities  of  the  district 
of  all  kinds,  with  all  books,  papers  and 
vouchers  relating  to  the  same,  to  be  by- 
said  auditors  examined,  and,  if  found  to 
be  correct,  approved;  such  statement  to 
be  spread  upon  the  minutes  of  the  board 
of  directors,  and  in  a  condensed,  but 
fully  classified  form,  published  by  said  Publication, 
board  in  not  less  than  ten  written  or 
printed  handbills,  to  be  put  up  in  the 
most  public  places  in  the  district,  or,  if 
deemed  preferable,  in  the  two  newspa- 
pers of  the  county  in  which  the 
district  is  situated  having  the  larg- 
est circulation  among  the  citizens  inter- 
ested; and  for  any  neglect  or  failure  to 
perform  the  duties  enjoined  by  this  act 
the  officers  named  therein  shall  be 
deemed  guilty  of  a  misdemeanor,  pun- 
ishable by  a  fine  not  exceeding  three 
hundred  dollars,  to  be  paid  into  'the 
school  fund  of  the  district  in  which  tbe 
offense  shall  have  been  committed  (y). 

CXLIX.  That    the   publication     of    the    Kepeai. 
accounts    of    school    boards,    herein    pro- 
vided  for,   shall   be   in   lieu  of  all   other 


fy)  Act  May  8,  1876,  sec.  1,  P.  L.  p.  91. 


152  SCHOOL  LAWS  AND  DECISIONS 

publications  of  said  accounts  now  re- 
quired by  law;  and  all  acts  or  parts  of 
acts  (inconsistent  herewith  be  and  they 
are  hereby  repealed:  Provided,  That 
the  provisions  of  this  act  shall  not  ex- 
tend to  cities  of  the  first  class  (z). 

124.  In  preparing  the  annual  statement 
for  publication,  minute  details  of  all  the 
items  need  not  be  given.  This  would 
render  it  uselessly  troublesome  to  pre- 
pare and  expensive  to  publish.  Such 
general  results  and  classified  items  as 
will  enable  the  citizens  of  the  district 
to  fully  comprehend  the  proceedings  of 
the  board,  are  all  that  the  law  requires. 
The  statistics  of  the  schools — such  as 
the  number  of  pupils,  number  in  actual 
attendance,  etc. — may  be  added  if  the 
board  think  proper,  but  the  law  does  not 
require    it. 

Noracedistinc-  CL-  That     hereafter     it    shall    be    un- 

tion-  lawful  for  any  school  director,  superinten- 

dent or  teacher  to  make  any  distinction 


fz)  Act  May  8,  1876,  sec.  2,  P.  L.  page 
92. 


OF  PENNSYLVANIA.  153 


whatever,  on  account  of,  or  by  reason  of 
the  race  or  color  of  any  pupil  or  scholar 
who  may  be  in  attendance  upon,  or  seek- 
ing admission  to,  any  public  or  common 
school,  maintained  wholly  or  in  part  un- 
der the  school  laws  of  this  Common- 
wealth (a). 

CLI.  That  the  twenty-fourth  section  of 
an  act  of  Assembly,  approved  the  eighth 
day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-four,  entitled  "An 
act  for  the  regulation  and  continuance 
of  a  system  of  education  by  common 
schools,"  which  section  is  as  follows: 
"That  the  directors  or  controllers  of  the 
several  districts  of  the  State  are  hereby 
authorized  and  required  to  establish  with- 
in their  respective  districts,  separate 
schools  for  the  tuition  of  negro  and  mu- 
latto children,  whenever  such  schools  can 
be  so  located  as  to  accommodate  twenty 
or  more  pupils;  and  whenever  such  sepa- 
rate schools  shall  be  established,  and  kept 
open  four  months  in  any  year,  the  direc- 
tors or  controllers  shall  not  be  compelled 
to  admit  such  pupils  into  any  other 
schools  of  the  district:  Provided,  That 
in  cities  or  boroughs,  the  board  of  con- 
trollers shall  provide  for  such  schools,  out 


(a)  Act  June  8,  1881,  sec.  1,  P.  L.  p.  76 


154 


SCHOOL  LAWS  AND  DECISIONS 


Repeal. 

Make  annual  re- 
port to  county 
superintendent. 


of  the  general  funds  assessed  and  col- 
lected by  uniform  taxation  for  educa- 
tional purposes,"  be  and  the  same  is 
hereby  repealed    (b). 

CLII.  Each  board  of  directors  and  con- 
trollers shall  annually,  on  or  before  the 
first  Monday  in  June,  make  a  report  to 
the  county  superintendent,  setting  forth 
the  number  and  situation  of  the  schools 
in  their  district;  the  character  of  the 
teachers,  designating  whether  male  or 
female;  the  number  and  sex  of  the  schol- 
ars admitted  during  the  year;  the  num- 
ber of  months  in  the  year  during  which 
each  school  shall  have  been  open;  the 
amount  of  school  tax  levied  and  collected; 
the  cost  of  school  houses,  either  for  build- 
ing, renting  or  repairing,  and  all  other 
expenses  which  may  have  been  incurred 
in  the  maintaining  the  school  for  their 
districts,  together  with  such  other  infor- 
mation as  may  be  beneficial  to  forming 
a  just  estimate  of  the  operation  of  the 
school  system  (c). 

125.  A    district    failing    altogether    to 

forward  its  annual  report  for  any  school 


(b)  Act  June  8,  1881,  sec.  2,  P.  L.  p.  76. 

(c)  Act  May  8,  1854,  sec.  23,  P.  L.  p.  622. 


OF  PENNSYLVANIA.  155 

year  will  forfeit  its  share  of  State  appro- 
priation for  that  school  year. 

CLIII.    That    as    SOOn    as    the    Schools    Of    Duties  of  presi- 
dent of  boards. 

any  district  shall  have  closed  for  the 
school  year,  commencing  on  the  first  Mon- 
day in  June  preceding,  the  president  of 
the  board  of  directors  or  controllers  shall 
certify  under  oath  or  affirmation,  as  to 
the  whole  number  of  months  the  schools, 
in  their  respective  districts,  have  been 
kept  open  and  in  operation,  according  to 
law;  also  that  no  teacher  has  been  em- 
ployed for  or  had  charge  of  any  of  the 
schools  of  said  district  during  the  year, 
who  had  not  a  valid  certificate  from  the 
county  superintendent,  together  with  the 
name  and  postoffice  address  of  the  district 
treasurer,  and  shall  forward  the  same  to 
the  county  superintendent,  who  shall  im-    And  of  county 

,.    ,    ,  .,  ,.„  .„     superintendenis. 

mediately  approve  said  certificate,  if 
found  to  be  correct,  and  transmit  it  to 
the  State  Superintendent  of  Common 
Schools;  if  it  shall  appear,  by  said  certifi- 
cate, that  the  schools  of  the  district  have 
been  kept  open,  and  in  operation,  accord- 
ing to  law  at  least  four  months  subse- 
quent to  the  first  Monday  in  June  preced- 
ing, and  that  no  teacher  has  had  charge 
of  any  of  the  schools  of  the  district,  dur- 
ing the  whole  time  they  have  been  kept 


156 


SCHOOL  LAWS  AND  DECISIONS 


Warrants  for 
State  appropria- 
tion. 


Minimum  term 
stx  months. 


open  during  the  year,  who  had  not  a  valid 
certificate  from  the  county  superinten- 
dent, the  State  Superintendent  shall  draw 
his  warrant  upon  the  State  Treasurer  for 
the  whole  amount  which  such  district  is 
entitled  to  receive  from  the  annual  State 
appropriation:  Provided,  That  the  board 
of  directors  or  controllers  shall,  at  the 
same  time  forward  to  the  county  superin- 
tendent a  report  of  the  condition  of  the 
schools,  in  their  respective  districts,  as 
directed  in  the  twenty-third  section  of  the 
act  of  May  eighth,  one  thousand  eight 
hundred  and  fifty-four:  And  provided 
further,  That  said  certificate  and  report 
shall  have  been  transmitted  to  the  Su- 
perintendent of  Common  Schools  on  or 
before  the  fifteenth  day  of  July,  of  the 
school  year  succeeding  the  one  for  which 
the  certificate  and  report  were  made  (d). 
CLIV.  That  the  minimum  school  term 
shall  be  six  months,  and  after  the  close  of 
the  school  year  ending  on  the  first  Mon- 
day of  June,  one  thousand  eight  hundred 
and  eighty-seven,  school  directors  and 
controllers  shall  keep  the  schools  of  their 
respective  districts  in  operation  at  least 
six  months  each  year:       Provided,    That 


(d)  Act  April  17,  1865,  sec.  3,  P.  L.  p.  62. 


OP  PENNSYLVANIA.  157 

the  length  of  the  annual  term  may  re- 
main as  at  present  in  districts  where  T.te 
maximum  amount  of  tax  allowed  by  law 
to  be  levied  for  school  purposes  shall  be 
found  insufficient  to  keep  the  schools  open 
a  greater  length  of  time  (e). 

CLV.  That  a  common  school  month  scbooi  month 
shall  hereafter  consist  of  twenty  days'  ac- 
tual teaching,  and  no  school  shall  be 
kept  open  in  any  district  for  the  purpose 
of  ordinary  instruction  on  any  Saturday 
or  on  any  legal  holiday,  or  in  any  county 
during  the  time  of  holding  the  annual 
county  institute  therein  (f). 

CLVI.  That  the  following  days  and  half  Legal  holidays, 
days,  namely:  The  first  day  of  January, 
commonly  called  New  Year's  day;  the 
twenty-second  day  of  February,  known 
as  Washington's  birthday;  Good  Friday; 
the  thirtieth  day  of  May,  known  as  Me- 
morial day;  the  fourth  of  July,  called  In- 
dependence day;  the  first  Saturday  of 
September,  known  as  Labor  day;  the  first 
Tuesday  after  the  first  Monday  of  Novem- 
ber, Election  day;  the  twenty-fifth  day  of 
December,  known  as  Christmas  day,  and 
every  Saturday,  after  twelve  o'clock  noon 
until    twelve    o'clock    midnight,    each    of 

(e)  Act  May  19,  1887,  sec.  1,  P.  L.  p.  139. 

(f)  Act  June  25,  1885,  sec.  1,  P.  L.  p.  176. 


158  SCHOOL  LAWS  AND  DECISIONS 

which  Saturdays  is  hereby  designated  a 
half  holiday  and  any  day  appointed  or 
recommended  by  the  Governor  of  this 
State  or  the  President  of  the"  United 
States  as  a  day  of  thanksgiving  or  fasting 
and  prayer,  or  other  religious  observance, 
shall,  for  all  purposes  whatever  as  re- 
gards the  presenting  for  payment  or  ac- 
ceptance, and  as  regards  the  protesting 
and  giving  notice  of  the  dishonor  of  bills 
draffs8 wh2n  due.  of  exchange,  checks,  drafts  and  promis- 
sory notes  made  after  the  passage  of  this 
act  be  treated  and  considered  as  the  first 
day  of  the  week,  commonly  called  Sun- 
day, and  as  public  holidays  and  half 
holidays,  and  all  such  bills,  checks,  drafts 
and  notes  otherwise  presentable  for  ac- 
ceptance or  payment  on  any  of  the  said 
days,  shall  be  deemed  to  be  payable  and 
be  presentable  for  acceptance  or  payment 
on  the  secular  or  business  day  next  suc- 
ceeding such  holiday  or  half  holiday,  ex- 
cept checks,  drafts,  bills  of  exchange  and 
promissory  notes  payable  at  sight  or  on 
demand  which  would  otherwise  be  pay- 
able at  any  half  holiday  Saturday,  shall 
be  deemed  to  be  payable  at  or  before 
twelve  o'clock  noon  of  such  half 
holiday:  Provided  however,  That 
for  the  purpose  of  protesting  or  other- 
wise   holding    liable    any    party    to    any 


OF  PENNSYLVANIA.  159 


bill  of  exchange,  check,  draft  or  promis- 
sory note,  and  which  shall  not  have  been 
paid   before  twelve  o'clock  noon  of   any 
Saturday   designated   a   half   holiday,   as 
aforesaid,    a    demand    or    acceptance   or 
payment  thereof,  shall  not  be  made,  and 
notice  of  protest  or  dishonor  thereof  shall 
not  be   given   until   the   next   succeeding 
secular  or  business  day:       And  provided 
further,  That  when  any  person,  firm,  cor- 
poration or  company  shall,  on  any  Satur- 
day   designated    a    half    holiday,  receive 
for  collection  any  check,  bill  of  exchange, 
draft    or    promissory    note,    such    person, 
firm,    corporation    or   company    shall    not 
be  deemed  guilty  of  any  neglect  or  omis- 
sion of  duty  nor  incur  any  liability  in  not 
presenting  for  payment  or  acceptance  or 
collection   such   check,   bill   of   exchange, 
draft   or   promissory    note   on   that    day: 
And  provided  further,  That  in  construing 
this   section,   every   Saturday   designated 
a  half  holiday  shall,  until  twelve  o'clock 
noon,   be   deemed   a   secular   or   business 
day,  and  the  days  and  half  holidays  afore- 
said so  designated  as  holidays  and  half 
holidays    shall    be     considered     as    pub- 
lic   holidays    and    half    holidays    for    all 
purposes     whatsoever     as     regards     the 
transaction     of     business:     And  provided 
further,    That  nothing    herein    contained 


160  SCHOOL  LAWS  AND  DECISIONS 

shall  be  construed  to  prevent  or  in- 
validate the  entry  issuance,  service 
or  execution  of  any  writ,  summons,  con- 
fession of  judgment,  or  other  legal  process 
whatever,  on  any  of  the  Saturday  after- 
noons herein  designated  as  holidays,  nor 
to  prevent  any  bank  from  keeping  its 
doors  open  or  transacting  its  business  on 
any  of  the  said  Saturday  afternoons  if,  by 
a  vote  of  its  directors,  it  shall  elect  to 
do  so  (g). 
when  legal  hoii-  CLVII.  Whenever  the  first  day  of  Janu- 
sunday"  UP°n  ary>  the  twenty-second  day  of  February, 
the  fourth  day  of  July,  or  the  twenty-fifth 
day  of  December,  shall,  any  of  them, 
occur  on  Sunday,  the  following  day,  Mon- 
day, shall  be  deemed  and  declared  a  pub- 
lic holiday.  All  bills  of  exchange,  checks, 
drafts  or  promissory  notes  falling  due  on 
any  of  the  Mondays  so  observed  as  holi- 
days shall  be  due  and  payable  on  the  next 
succeeding  secular  or  business  day,  and 
all  Mondays  so  observed  as  holidays  shall, 
for  all  purposes  whatever  as  regards  the 
presenting  for  payment  or  acceptance, 
and  as  regards  the  protesting  and  giv- 
ing notice  of  the  dishonor  of  bills  of  ex- 
change, checks,  drafts  and  promissory 
notes  made  after  the  passage  of  this  act, 

(g)  Act  May  31,  1893,  sec.  1,  P.  L.  p.  183. 


OF  PENNSYLVANIA.  161 


be  treated  and  considered  as  the  first  day 
of  the  week,  commonly  called  Sunday. 
When  the  thirtieth  day  of  May  falls  on 
Sunday,  the  day  preceding  it,  Saturday, 
shall  be  observed  as  the  holiday,  and 
payment  of  bills  of  exchange,  checks, 
drafts  and  promissory  notes  due  and  pay- 
able on  such  holiday  shall  be  made  on  the 
next  succeeding  secular  or  business 
day  (h). 

CLVIII.  All  bills  of  exchange,  checks, 
drafts  and  promissory  notes  made  after 
the  passage  of  this  act  which,  by  the 
terms  thereof,  shall  be  payable  on  the 
first  day  of  the  week,  commonly  called 
Sunday,  shall  be  deemed  to  be  and  shall 
be  payable  on  the  next  succeeding  secular 
or  business  day  (i). 

CLIX.  That  all  the  days  and  half 
days  herein  designated  as  legal  holidays 
shall  be  regarded  as  secular  or  business 
days  for  all  other  purposes  than  those 
mentioned  in  this  act  (k). 

Note. — The  several  boards  of  directors 
may  determine  for  themselves  in  all  cases 
which  days  designated  by  law  as  public 


(h)  Act  May  31,  1893,  sec.  2,  P.  L.  p.  190. 
(i)  Act  May  31,  1893,  sec.  3.  P.  L.  p.  190. 
Ik)  Act  May  31,  1893,  sec.  4,  P.  L.  p.  190. 
11 


162  SCHOOL  LAWS  AND  DECISIONS 

holidays  shall  be  observed  as  school  holi- 
days   in    their    respective    districts. 

In  case  the  schools  were  open  for  regular 
instruction  the  time  can  be  counted,  re- 
ported and  paid  for  the  same  as  other 
days   constituting  a   school   month. 


REVENUES   FOR   SCHOOL   PURPOSES. 
Fines. 

Fines  for  intoxi-         CLX.  Any  person   who   shall   be   found 
Ci,tion-  intoxicated  in  any  street,  highway,  public 

house,  or  public  place,  shall  be  fined  upon 
the  view  of  or  upon  proof  made  before 
any  mayor,  alderman,  or  justice  of  the 
peace,  two  dollars,  to  be  levied,  with  the 
proper  costs,  upon  the  goods  and  chattels 
of  the  defendant,  which  shall  be  paid  to 
the  treasurer  of  the  school  district  where 
such  conviction  is  had,  by  the  magistrate 
collecting  the  same  (1). 

State    Appropriation. 
126.  The  amount  of  State  appropriation 
due  each  district  is  based  upon  the  num- 


(1)  Act  March  31,  1856,  sec.  29,  P.  L.  p. 
207,  and  act  April  20,  1858,  sec.  22,  P.  L. 
p.  370. 


OF  PENNSYLVANIA.  163 

ber  of  resident  taxables,  as  certified  by 
tbe  county  commissioners  at  each  tri- 
ennial assessment,  and  is  paid  by  warrant 
of  the  State  Superintendent,  on  the  re- 
ceipt at  Department  of  Public  Instruction 
of  the  certificate  of  the  president  and  sec- 
retary, approved  by  the  county  superin- 
tendent, that  the  schools  have  been  kept 
open,  "according  to  law,  etc.,"  accom- 
panied by  the  statistical  report  of  the 
school  operations  during  the  year.  The 
annual  report  and  certificate  required  by 
law  should  be  forwarded  at  the  same 
time  to  the  Department. 

By  strict  construction,  the  words  "ac- 
cording to  law,"  would  imply  that  any 
violation  of  the  law  in  the  operation  and 
conduct  of  the  schools  of  a  district,  would 
work  a  forfeiture  of  its  State  appropria- 
tion, and  most  especially  if,  after  due  no- 
tice from  the  county  superintendent,  the 
directors  continue  to  neglect  or  refuse  to 
employ  competent  teachers  to  teach  all 
the  branches  required  by  law,  viz:  Or- 
thography, reading,  writing,  English 
grammar,  geography,  arithmetic,   history 


164  SCHOOL  LAWS  AND  DECISIONS 

of  the  United  States,  and  physiology  and 
hygiene. 

Assessment  of  Taxes. 

Determine  CLXI.  That  the  school  directors  or  con- 

amount  of  school    trollers  of  every  district  shall  annually, 

tfiX  . 

and  by  the  votes  of  not  less  than  a  ma- 
jority of  the  members  of  the  board,  de- 
termine the  amount  of  school  tax  which 
shall  be  levied  on  their  district 
for  the  ensuing  school  year,  which  shall, 
together  with  such  additional  sums  as  the 
district  may  be  entitled  to  receive  out  of 
the  State  appropriation,  and  from  other 
sources,  be  sufficient  and  necessary  to 
keep  the  schools  of  the  district  in  opera- 
tion not  less  than  four  nor  more  than  ten 
months  in  the  year  (m). 

127.  A  continuous  annual  term  is  now 

obligatory  in  every  school  district  in  the 

State. 

Levy  and  appor-  CLXII.  That  the  board  of  directors  or 
controllers  shall  annually  proceed  to  levy 
and  apportion  the  said  school  tax,  pursu- 


(m)  Act  of  May  8,  1854,  sec.  28,  P.  L.  p. 
623,  as  amended  by  Act  April  9,  1872,  sec. 
1,  P.  L.  p.  46,  and  act  May  19,  1887,  sec. 
1,  P.  L.  p.  139. 


OF  PENNSYLVANIA.  165 

ant  to  this  act  (not  exceeding  the  amount 
of  State  and  county  taxes  authorized  by 
law  to  be  assessed),  on  all  objects,  persons 
or  property,  made  taxable  for  State  or 
county  purposes,  and  that  all  the  taxes 
levied  and  assessed,  by  the  directors  or 
controllers,  within  each  school  year,  shall 
be  contained  in  the  same  duplicate  (n). 

CLXIII.  That  the  organization  of  each  when  board  to 
board  of  school  directors,  as  provided  by 
the  twelfth  section  of  the  act  of  the 
eighth  of  May,  one  thousand  eight  hun- 
dred and  fifty-four,  shall  be  within  ten 
days  of  the  first  Monday  of  June  in  each 
year:     And    provided    further,    That    the    when  tax  to  be 

levied. 

school  tax  for  each  year  shall  not  be  lev- 
ied until  after  such  organization,  and  be- 
fore the  first  of  July  of  each  year  (o). 

128.  The  amount  of  tax  to  be  collected 
within  the  current  school  year  cannot  be 
fixed  by  vote  of  the  board,  until  between 
the  date  of  the  regular  organization  there- 
of and  the  first  day  of  July  of  that  school 
year.  The  school  tax  for  each  year  is  to 
be  levied  during  the  month  of  June,  and 
the    duplicate   should    be   made   out   and 


(n)  Act  May  8,  1854,  sec.  30,  P.  L.  p.  624. 
(o)  Act  April  22,  1863,  sec.  1,  P.  L.  p.  523. 


166  SCHOOL  LAWS  AND  DECISIONS 

put   into   the   hands   of   the   collector   as 
soon  thereafter  as  practicable. 

129.  Assessment  after  the  first  day  of 
July  is,  however,  legal,  and  has  been  so 
decided.  But  the  better  way  is  to  comply 
with  the  law  literally. 

130.  The  resolution  fixing  the  amount 
and  designating  the  purposes  of  the  tax 
should  be  in  writing  and  entered  on  the 
minutes. 

131.  School  tax  is  to  be  levied  but  once 
a  year;  and  the  building  tax,  if  any  is 
required,  must  be  levied  at  the  same  time 
and  in  the  same  manner  as  the  ordinary 
school  tax. 

132.  School  tax  is  applicable  to  the  pay- 
ment of  teachers'  salaries,  school  books 
and  supplies,  fuel,  stationery  for  the 
board,  salary  of  secretary,  and  all  other 
ordinary  annual  expenses  necessary  to 
keep  the  schools  in  operation.  Also,  when 
there  is  no  building  tax  or  fund,  occa- 
sional repairs  and  additions  to  furniture 
and  apparatus  are  to  be  paid  for  out  of 
the  ordinary  school  tax. 


OF  PENNSYLVANIA.  167 


133.  Debt  from  a  former  year,  for  school 
purposes,  should  be  provided  for  by  an 
addition  to  the  ordinary  school  tax  of  the 
next  year. 

134.  The  amount  of  ordinary  school  tax 
cannot  be  greater  in  any  district  (except 
by  special  legislation)  than  "the  amount 
of  State  and  county  tax  authorized  by  law 
to  be  assessed."  The  amount  authorized 
to  be  levied  at  the  time  of  the  passage  of 
the  law  was  thirteen  mills  on  the  dollar, 
ten  mills  for  county  and  three  mills  for 
State  purposes.  The  State  tax  has  since 
been  taken  off  real  estate,  but  this  does 
not  affect  the  amount  of  school  tax  that 
can  be  levied,  for  the  reason  that  it  was 
the  obvious  intention  of  the  law  to  fix 
that  amount  at  thirteen  mills  on  the  dol- 
lar, and  thus  avoid  the  perplexing  changes 
that  would  otherwise  cripple  the  financial 
management  of  school  affairs.  This  de- 
cision has  been  sustained  by  the  Supreme 
Court. 

CLXIV.  That  the  board  of  directors 
(or  controllers  in  cities  or  boroughs  where 


168  SCHOOL  LAWS  AND  DECISIONS 

the    school    property    is    vested    in    them 
agreeably  to  the  provisions  of  section  sec- 
ond) may  at  any  time,  not  oftener  than 
Levy  building         once  in  each  school  year,  levy  a  special 

tax 

tax  not  exceeding  the  amount  of  the  regu- 
lar annual  tax  for  such  year,  to  be  ap- 
plied solely  to  the  purpose  of  purchasing 
or  paying  for  the  ground,  and  the  build- 
ing or  erection  of  school  buildings  there- 
on, which  said  tax  shall  be  levied  and 
collected  at  the  same  time,  in  the  same 
manner,  and  with  like  authority  as  the 
regular   annual    tax    (p). 

135.  The  proceeds  of  a  tax  levied  for 
building  purposes  may  be  used:  1.  For 
purchasing  ground.  2.  For  erecting  build- 
ings. 3.  For  the  accumulation  of  a  fund 
for  purchasing  ground  and  erecting  build- 
ings. 4.  For  the  payment  of  a  debt  con- 
tracted in  purchasing  ground  and  erect- 
ing buildings.  5.  For  completing  im- 
provements in  school  buildings  contem- 
plated at  the  time  of  their  erection.  6. 
For  fencing  and  improving  grounds  in 
connection  with  the  erection  of  buildings. 
All  these  matters  are  so  intimately  con- 


(p)  Act  May  8,  1854.  sec.  33,  P.  L.  p.  624. 


OF  PENNSYLVANIA.  169 


nected  with  the  purchase  of  grounds  and 
the  erection  of  buildings  that  they  may 
be  considered  a  part  of  the  same;  but 
school  boards  are  advised  to  confine  their 
disbursements  of  the  proceeds  of  the 
building  tax  strictly  within  these  limits. 

136.  When  a  building  tax  is  levied,  the 
assessment  made  for  that  purpose  must 
be  voted,  and  calculated  as  a  separate  tax, 
and  placed  in  the  duplicate  as  a  distinct 
and  separate  item  from  the  assessment 
made  for  school  purposes.  When  col- 
lected, each  fund  must  be  applied  to  its 
lawful  purpose  according  to  its  propor- 
tional rate. 

137.  A  building  debt  already  incurred 
for  the  purchase  of  a  lot,  or  the  erection 
or  repair  of  a  school  house,  may  and 
should  be  paid  by  the  proceeds  of  a  build- 
ing tax  or  sum  subsequently  levied  for 
that  purpose. 

138.  An  intended  building  may  be  pro- 
vided by  the  levy  of  a  building  tax  or  sum 
one  or  more  years  before  the  building 
is   actually    commenced.       This   mode    is 

11* 


170  SCHOOL  LAWS  AND  DECISIONS 

often  more  advisable,  as  it  prevents  the 
imposition  of  an  onerous  tax  in  one  year. 

139.  When  thirteen  mills  are  levied  for 
school  purposes  in  a  district,  the  same 
amount  may  be  levied  for  building  pur- 
poses; making  in  all  twenty-six  mills  on 
the  dollar,  which  is  the  highest  tax  that 
can  be  legally  levied  in  any  one  year  under 
the  provisions  of  the  general  law. 

140.  If  less  than  thirteen  mills  is  levied 
in  any  district  for  school  purposes,  then 
the  sum  for  building  cannot  exceed  in 
amount  that  for  school  purposes  that 
year. 

commissioners  to  CLXV.  That  for  the  purpose  of  enab- 
vahwtion.P5  °  ling  the  board  of  directors  or  controllers 
to  assess  and  apportion  the  tax  for  the 
ensuing  school  year,  the  county  commis- 
sioners shall,  when  required,  furnish  the 
president  or  secretary  of  the  board  with 
a  copy  of  the  last  adjusted  valuation  or 
proper  subjects  and  things  made  taxable 
in  the  same,  for  State  and  county  pur- 
poses, which  said  property,  subjects  and 
things  are  hereby  made  taxable  for  school 


OF  PENNSYLVANIA.  171 

purposes,  according  to  the  provisions  of 
this  act  (q). 

141.  It  is  an  official  duty  of  the  commis- 
sioners to  furnish  the  "last  adjusted  valu- 
ation;" and  in  case  of  refusal,  the  proper 
court  would  grant  a  writ  of  mandamus, 
compelling  them  to  do  so. 

142.  Directors  are  not  to  call  on  asses- 
sors for  a  copy  of  the  valuation.  It  is 
the  exclusive  duty  of  the  county  commis- 
sioners to  furnish  it,  and  the  directors 
cannot  receive  it  from  any  other  source, 
or  pay  assessors  for  a  copy  thereof. 

CLXVI.  That  it  shall  be  the  duty  of  the   Additional 

assessments. 

several  assessors  to  assess  such  persons 
as  may  remove  into  their  respective  dis- 
tricts between  the  last  assessment,  and 
the  first  of  May  in  each  year,  or  who  may 
have  been  omitted  from  the  last  assess- 
ment, and  to  return  their  names  with 
the  amount  of  State  and  county  tax  pay- 
able by  each,  to  the  board  of  school  di- 
rectors, who  shall  thereupon  assess  the 
amount  of  tax  payable  by  such  persons, 


(q)  Act  May  8,  1854.  sec.  29,  P.  L.  p.  624. 


172  SCHOOL  LAWS  AND  DECISIONS 

which  taxes  shall  be  collected  as  in  other 
cases  (r). 

143.  It  is  the  duty  of  the  assessor  to 
make  the  additional  assessments  re- 
quired, and  he  is  to  be  paid  therefor  by 
the  county  commissioners,  and  not  by  the 
directors. 

now  to  proceed  CLXVII.  That  at  the  next  annual  assess- 

in  new  districts. 

ment  after  the  erection  of  any  such  new 
common  school  district,  it  shall  be  the 
duty  of  the  county  commissioners  of  the 
proper  county  to  cause  a  separate  assess- 
ment of  the  subjects  and  things  liable  to 
school  tax  in  each  portion  of  the  new  dis- 
trict lying  within  his  proper  township, 
to  be  made  out  by  the  proper  assessor 
thereof,  and  to  be  returned  to  them, 
wherefrom,  after  adjustment,  they  shall 
cause  to  be  made  a  correct  copy  of  the  as- 
sessment thus  obtained,  in  every  portion 
of  the  new  district,  and  shall  furnish  the 
same  to  the  secretary  thereof,  in  accord- 
ance with  the  twenty-ninth  section  of  the 
act  of  which  this  is  a  supplement;  and 
they  shall,  in  like  manner,  and  at  the 
same  time,  cause  to  be  made  out  and  fur- 
nished   to    the    State    Superintendent   of 


(r)  Act  May  8.  1854,  sec.  35,  P.  L.  p.  625. 


OF  PENNSYLVANIA.  173 

Comruou  Schools,  a  full  list  of  all  the 
taxable  inhabitants  of  said  new  district, 
according  to  the  provisions  of  the  forty- 
ninth  section  of  the  act  to  which  this  is 
a  supplement;  and  they  shall  pay  out  of 
the  county  funds  to  said  assessors  the 
usual  compensation  for  the  services  en- 
joined   by    this   section    (s). 

CLXVIII.  That    the    assessors    in    each    Duties  of  asses- 
sors in  iude- 
and  every  township,  where  any  portion  or    pendent  districts. 

said  township  may  be  included  within  the 

limits  of  an  independent  school   district, 

shall   write  on  their   duplicates,  opposite 

the  names  of  the  persons  residing  within 

said  independent  district,  the  letters  I.  D., 

for  the  information  of  the  collector  of  said 

tax,  and  the  county  commissioners  (t). 

CLXIX.  If    any    assessor,    or    assistant    Negligent  asses- 

....  .        ,  .     .  sors  to  be  pun- 

aSSeSSOr   shall    knowingly   and    intention-    jShed. 

ally  omit,  neglect,  or  refuse  to  assess  and 

return    any    property,    person    or    thing, 

made  taxable  by  law,  or  shall  knowingly 

and   intentionally    assess,    rate,    or    value 

the  same,  at  more  or  less  than  he  shall 

know  and  believe  the  just  cash  value  or 

rate  thereof,  or  neglect  or  refuse  to  assess 

any    tax    required    by    law,    he    shall    be 


(s)  Act  May  8,  1855,  sec.  7,  P.  L.  p.  510. 
(t)  Act  May  8,  1855,  sec.  3,  P.  L.  p.  509. 


174 


SCHOOL  LAWS  AND  DECISIONS 


Must  follow  ad- 
justed valuation. 


Occupation  tax 
cannot  be  less 
than  one  dollar. 


guilty  of  a  misdemeanor  in  office,  and  on 
conviction  thereof,  be  subject  to  im- 
prisonment not  less  than  three,  nor  more 
than  twelve  months,  and  to  be  fined  in  a 
sum  not  less  than  one  hundred  nor  more 
than   two   hundred   dollars  (v). 

CLXX.  That  the  twenty-ninth  section 
of  the  act  to  which  this  is  a  supplement 
shall  not  be  construed  to  authorize  the 
taxation  of  any  objects  or  property  for 
school  purposes,  which  shall  not  be  con- 
tained in  the  copy  of  the  last  adjusted 
valuation  of  proper  subjects  and  things 
made  taxable  for  State  or  county  pur- 
poses, furnished  to  the  board  of  directors 
or  controllers  by  the  county  commission- 
ers  (w). 

CLXXI.  That  hereafter  the  tax  imposed 
by  section  thirty,  of  the  act  approved 
May  eight,  one  thousand  eight  hundred 
and  fifty-four  for  the  regulation  and  con- 
tinuance of  a  system  of  education  by  com- 
mon schools,  on  trades,  professions,  and 
occupations,  or  on  a  single  freeman,  shall 
in  no  case  be  less  than  one  dollar  (x). 

CLXXII.  That  upon   every  resident  male 


(v)  Act  May  8,  1841,  sec.  3,  P.  L.  p.  394. 
(w)  Act  May  8,  1855,  sec.  11,  P.  L.  p.  511. 

(x)  Act  May  21,  1857,  sec.  2,  P.  L   p.  632. 


OF  PENNSYLVANIA.  175 

taxable,  of  the  age  of  twenty-one  years,  Every  male  tax- 
whose  name  is  found  entered  upon  the  a  e  e" 
last  adjusted  valuation,  furnished  accord- 
ing to  law  to  any  board  of  directors  or 
controllers,  by  the  commissioners  of  the 
proper  county,  as  a  basis  for  the  assess- 
ment of  school  tax,  or  which  may  be 
contained  in  the  additional  assessment 
authorized  by  the  thirty-fifth  section  of 
the  act  to  which  this  is  a  further  sup- 
plement, the  proper  board  of  directors  or 
controllers  shall  assess  the  minimum  oc- 
cupation tax  now  allowed  by  law,  to  be 
collected  with  the  other  school  tax  of  the 
district  now  payable  by  such  persons  (y). 

144.  There  are  three  kinds  of  tax  for 
school  purposes,  according  to  their  sub- 
jects, each  separate  and  independent  of 
the  other,  and  all  to  be  paid,  when  the 
subjects  of  them  pertain  or  belong  to  the 
same  person,  viz: 

1.  The  rate  tax  on  real  estate  and  per- 
sonal property. 

2.  The  rate  tax  on  such  trades,  occupa- 
tions, professions  and  salaries,  and  emol- 


(y)  Act  April  11,  1862,  sec.  5,  P.  L.  p.  472. 


176  SCHOOL  LAWS  AND  DECISIONS 

uments  of  office,  as  will  yield  over  one 
dollar,  by  the  rate  on  its  valuation. 

3.  A  minimum  occupation  tax  of  one 
dollar  on  all  resident  male  taxables  over 
twenty-one  years  of  age,  whose  assessed 
occupation,  at  the  rate  levied  for  school 
purposes,  will  not  produce  one  dollar. 

Note. — The  total  assessed  valuation  on 
both  occupation  and  property,  including 
real  estate  and  personal  property,  is  sub- 
ject in  all  cases  to  the  rate  levied  for 
building  purposes  in  the  district. 

145.  Farmers,  whether  owners  of  lands 
or  tenants,  are  liable  to  the  minimum  oc- 
cupation tax  of  one  dollar. 

Mone>  s  held  in  CLXXIII.  That  all  moneys  now  or  here- 

tlllst-  after    to    become    taxable    for     common 

school  purposes,  and  held,  used  or  invest- 
ed by  any  person,  company  or  corpora- 
tion, in  trust  for  the  use,  benefit  or  ad- 
vantage of  any  other  person,  company  or 
corporation,  shall  only  be  assessed  in,  and 
subject  to  school  tax,  for  the  benefit  of  the 
school  district  within  which  the  trustee 
thereof  resides,  or  has  his  usual  place  of 
business.  And  all  real  estate,  so  taxable 
for    school    purposes,    and      in    charge    or 


OF  PENNSYLVANIA.  177 

possession  of  any  trustee,  as  aforesaid, 
shall  be  assessed  in,  and  subject  to  school 
tax,  for  the  benefit  of  the  school  district 
within  which  the  same  is  situated;  and 
this  section,  so  far  as  the  same  is  incon- 
sistent with  any  former  statute  or  deci- 
sion, shall  only  take  effect  in  the  assess- 
ment and  collection  of  school  taxes  levied 
for  the  school  year,  which  will  commence 
on  the  first  Monday  in  June,  one  thousand 
eight  hundred  and  sixty-two,  and  the  suc- 
ceeding year  (z). 

CLXXIV.  That  all  mortgages,  judg-  Exempt  excep-. 
ments  and  recognizances  wnatsoever,  and  p°sfstate p"r 
all  the  moneys  due  or  owing  upon  articles 
of  agreement  for  the  sale  of  real  estate, 
shall  after  the  passage  of  this  act  be  ex- 
empt from  all  taxation,  except  for  State 
purposes  (a). 

CLXXV.  That    all     churches,     meeting   churches  and 

meeting  houses 

houses  or  other  regular  places  of  state  exempt, 
worship,  with  the  grounds  thereto  an- 
nexed necessary  for  the  occupancy  and 
enjoyment  of  the  same;  all  burial  grounds 
not  used  or  held  for  private  or  corporate 
profit;  all  hospitals,  universities,  colleges, 
seminaries,    academies,    associations    and 


(z)  Act  April  11,  1862,  sec.  7,  P.  L.  p.  472. 
(a)  Act  June  10,  1881,  sec.  1,  P.  L.  p.  99. 
12 


178  SCHOOL  LAWS  AND  DECISIONS 

institutions  of  learning,  benevolence  or 
charity,  with  the  grounds  thereto  an- 
nexed and  necessary  for  the  occupancy 
and  enjoyment  of  the  same,  founded,  en- 
dowed, and  maintained  by  public  or  pri- 
vate charity;  and  all  school  houses  be- 
longing to  any  county,  borough  or  school 
district,  with  the  ground  thereto  annexed 
and  necessary  to  the  occupancy  and  en- 
joyment of  the  same;  and  all  court  houses, 
and  jails,  with  the  grounds  thereto  an- 
nexed, be  and  the  same  are  hereby  ex- 
empted from  all  and  every  county,  city 
borough,  road,  school  and  poor  tax:  Pro- 
vided, That  all  property,  real  or  personal, 
other  than  that  which  is  in  actual  use 
and  occupation  for  the  purposes  aforesaid, 
and  from  which  any  income  or  revenue  is 
derived,  shall  be  subject  to  taxation,  ex- 
cept where  exempted  by  law,  for  State 
purposes,  and  nothing  herein  contained 
shall  exempt  the  same  therefrom  (b). 
Assess  where  CLXXVI.  That  hereafter  the  assessors 

mansion  house  c    .,  ,  ,  .  ...  .       ,,  .      „ 

is  situate.  of  the  several  counties  within  this  Com- 

monwealth shall,  on  seated  lands,  make 
the  assessment  in  the  township  in  which 
the  mansion  house  is  situate,  when  town- 
ship lines  divide  a  tract  of  land   (c). 


(b)  Act  May  14,  1874,  sec.  1,  P.  L.  p.  158. 

(c)  Act  July  11,  1842,  sec.  59,  P.  L.  p.  231. 


OF  PENNSYLVANIA.  179 

146.  If  the  mansion  house  of  a  tract 
of  land  is  in  one  township,  and  a 
portion  of  the  tract  attached  to  it  in 
another,  the  whole  tract  is  to  be  taxed 
by,  and  for  the  benefit  of,  the  district  in 
which  the  mansion  house  is  situated. 

CLXXVli.  That,  from  and  after  the  owners  iuay 
passage  of  this  act, whenever  the  dividing  choose  residence, 
line  between  any  township  and  borough, 
or  between  any  two  townships,  in  this 
Commonwealth,  as  now  or  may  be  here- 
after located,  shall  pass  through  the  man- 
sion house  of  any  tract  of  farm  land,  it 
shall  be,  and  may  be  lawful  for  the  owner 
of  the  land  so  divided,  to  choose  as  the 
place  of  residence  of  its  occupants  either 
of  the  townships,  or  the  borough,  by  a 
written  notice  of  his  selection  to  the  com- 
missioners of  the  county:  Provided,  That 
a  choice  once  so  made  shall  be  binding  on 
the  owner  and  occupiers  of  such  mansion 
house,  and  on  future  owners  thereof: 
And  provided  further,  That  in  case  of  the 
neglect  or  refusal  of  the  owner  of  such 
land  to  make  an  election  as  aforesaid,  the 
persons  occupying  said  mansion  house 
shall  be  regarded  as  residing  wholly  with- 
in the  township,  and  the  assessors  of  such 
township  shall,  in  such  case,  or  when  he 


180 


•SCHOOL  LAWS  AND  DECISIONS 


Klect  ti  x  collec- 
tors. 


Vacatcies. 


elects  to  reside  in  the  township,  assess 
therein  such  persons,  and  all  the  farm 
or  tract  of  land  on  which  such  mansion 
house  is  erected  (d). 

CLXXVIII.  That  the  qualified  voters  of 
every  borough  and  township  in  the  Com- 
monwealth of  Pennsylvania  shall,  on  the 
third  Tuesday  of  February  after  the  pas- 
sage of  this  act,  and  triennially  there- 
after, vote  for  and  elect  one  properly  qual- 
ified person  for  tax  collector  in  each  oi 
said  districts,  who  shall  serve  for  the 
term  of  three  years,  and  shall  give  a  bond 
annually,  to  be  approved  by  the  court  (e). 

CLXXIX.  The  courts  of  quarter  ses- 
sions shall  have  power  to  fill,  by  appoint- 
ment, all  vacancies  in  the  said  office, 
within  their  respective  counties.  And,  if 
any  person  elected  to  fill  said  office  shall 
fail  to  give  bond  and  qualify  as  herein- 
after provided,  on  or  before  the  fourth 
day  of  the  term  of  said  court  next  en- 
suing his  election,  the  said  court  shall 
declare  his  office  vacant  and  appoint  a 
suitable  person,  resident  in  the  proper 
borough  or  township  to  fill  the  same  (f). 


(d)  Act  May  24,  1878,  sec.  1,  P.  L.  p.  131. 

(e)  Act  June  6,  1893,  sec.  1,  P.  L.  p.  333. 

(f)  Act  June  25,  1885,  sec.  2,  P.  L.  p.  187. 


OF  PENNSYLVANIA. 


181 


Court  of  quarter 
sessions  shall  ap- 
point. 


CLXXX.  Be    it    enacted,    &c.    That   if    vacancies  m 

,.  ~  office  of  tax  col- 

any  vacancy  shall  take  place  in  the  office  iector. 
of  tax  collector  after  any  ward,  district, 
borough  or  township  election,  by  reason 
of  the  erection  of  any  new  ward,  district, 
township  or  borough,  or  from  the  neglect 
or  refusal  of  any  person  elected  to  per- 
form the  duties  of  the  office,  or  by  death, 
resignation  or  otherwise,  the  court  of 
quarter  sessions  of  the  proper-  county 
upon  petition  of  the  town  council  or  any 
citizen  who  is  a  resident  of  said  borough, 
township,  ward,  setting  forth  the  fact 
that  a  vacancy  does  exist,  shall  appoint 
a  suitable  person  to  fill  said  vacancy  for 
the  full  or  unexpired  term  (g). 

All  acts  or  parts  of  acts  inconsistent 
herewith  be  and  the  same  are  hereby  re- 
pealed (h). 

CLXXXI.  The  collector  of  taxes  shall, 
before  he  enters  upon  the  duties  of  his 
office,  take  and  subscribe  an  oath  of  office, 
and  file  the  same  in  the  office  of  the  court 
of  quarter  sessions  of  the  proper  county. 
and  shall  also  enter  into  a  bond  to  the 
Commonwealth,  in  double  the  probable 
amount  of  taxes  that  will  come  into  his 


Repeal. 


Collector  to  give 
bund  and  be 
sworn. 


(g)  Act  July  2,  1895,  sec.  1,  P.  L.  p.  434. 
(h)  Act  July  2.  1895,  sec.  2,  P.  L.  p.  434. 


182  SCHOOL  LAWS  AND  DECISIONS 

hands,  with  at  least  two  sufficient  sureties; 
said  bond  to  be  approved  by  the  said  court 
or  a  judge  thereof  in  vacation,  and  filed 
in  the  office  of  the  clerk  of  the  said  court; 
the  condition  of  which  bond  shall  be  that 
the  said  collector  shall  well  and  truly 
collect  and  pay  over  or  account  for,  ac- 
cording to  law,  the  whole  amount  of  taxes 
charged  and  assessed  in  the  duplicates, 
which  shall  be  delivered  to  him  (i). 
issue  duplicates  CLXXXII.  The    several  county,  borough, 

lectors.8  *°  C01  township,  school,  poor,  and  other  authori- 
ties now  empowered,  and  which  may  here- 
after be  empowered,  to  levy  taxes  within 
the  several  boroughs  and  townships  of 
this  Commonwealth, shall, on  or  before  the 
first  day  of  August  of  each  year  after  the 
first  election  of  collector  of  taxes  under 
this  act,  issue  their  respective  duplicates 
of  taxes  assessed  to  the  collector  of  taxes 
of  their  respective  boroughs  and  town- 
ships with  their  warrants  attached,  di- 
recting and  authorizing  him  to  collect 
the  same,  but  road  taxes  may  be  worked 
out  as  heretofore:  Provided,  That  such 
special  and  other  road  taxes,  as  it  may  be 
lawful  and  necessary  to  collect  in  money, 
may,  at  the  discretion  of  the  supervisors 


(i)  Act  June  25,  1895,  sec.  3,  P.  L.  p.  187. 


OF  PENNSYLVANIA.  183 

or  road  commissioners,  be  placed  in  the 
hands  of  the  collector  of  taxes,  with  their 
warrant  for  collection  by  him;  for  which 
he  shall  receive  five  per  centum  of  the 
amount  collected  by  him;  or  the  same 
may  be  collected  by  the  supervisors  or 
road  commissioners  as  heretofore:  Pro- 
vided further,  That  the  limitations  in  this 
act,  as  to  time  and  the  requirements 
hereof  relating  to  keeping  an  alphabetical 
list  of  persons  charged  with  taxes,  shall 
not  apply  to  road  taxes  (k). 

CLXXXIII.    The  collector   Of  taxes  Shall     Powers  and  lia- 

have  all  the  power  for  the  collection  of 
said  taxes,  during  his  term  of  office,  here- 
tofore vested  in  collectors  of  county  taxes 
under  existing  laws,  and  be  subject  to 
the  same  liabilities  and  penalties  for  neg- 
lect, or  violation  of  the  duties  of  his  of- 
fice (1). 
CLXXXIV.  The  collector  of  taxes  shall    provirteappru- 

.j  .    .      .       ,       ,,  „    priatc  book. 

provide  an  appropriate  book,  the  cost  of 
which  shall  be  allowed  to  him  in  the  set- 
tlements of  his  accounts,  in  which  he  shall 
enter  in  alphabetical  order  the  names  .of 
all  persons  charged  with  taxes  in  the  du- 
plicates    aforesaid,      and      showing     the 


fk)  Act  June  25,  1885,  sec.  4,  P.  L.  p.  187. 
(1)  Act  June  25,  1885,  sec.  5,  P.  L.  p.  188. 


184  SCHOOL  LAWS  AND  DECISIONS 

amount  of  such  tax  charged  against  eacn 
person,  which  book  shall  be  at  all  times 
open  to  the  inspection  of  each  taxpayer, 
and  shall  be  delivered  by  the  collector  of 
taxes  at  the  expiration  of  his  term  to  his 
successor  in  office- (m). 
(iive  proper  CLXXXV.  Where     any      duplicate      of 

taxes  assessed  is  issued  and  delivered  to 
the  collector  of  taxes,  it  shall  be  the  duty 
of  said  collector  to  give  public  notice  as 
soon   thereafter   as   conveniently   can   be 
done  by  at  least  ten  written   or  printed 
notices  to   be  posted  in   as  many  public 
places  in  different  parts  of  the  township 
or  borough,  that  said  duplicate  has  b?ei-. 
issued  and  delivered  to  him;  and  all  per- 
sons, who   shall    within   sixty   days  from 
the  date  of  said  notice  make  payment  of 
any  taxes  charged  against  them  in  said 
duplicate,  shall  be  entitled  to  a  reduction 
of  five  per  centum  from  the  amount  there- 
of; and  all  persons  who  shall  fail  to  make 
payment    of    any    taxes    charged    against 
them   in   said    duplicates  for   six   months 
after  notice  given  as  aforesaid,  shall  be 
Kive  per  centum      charged  five  per  centum  additional  on  the 
extra  taxes  charged  against  them,  which  shall 


(m)  Act  of  June  25,  1885.  sec.  6,  P.  L.  p. 
188. 


OF  PENNSYLVANIA.  185 

be  added  thereto  by  said  collector  of  taxes 
and  collected  by  him  (n). 

CLXXXVI.  The  collector  of  taxes  shall,  special  days, 
in  person  or  by  some  person  duly  author- 
ized, be  in  attendance  for  the  purpose  of 
receiving  and  receipting  for  taxes  on 
Thursday,  Friday  and  Saturday  of  each 
week,  during  the  last  two  weeks  of  said 
sixty  days,  between  the  hours  of  two 
o'clock  and  six  o'clock  in  the  afternoon, 
at  his  residence,  or  some  other  place  in 
the  proper  township  or  borough,  to  be 
designated  by  him  in  the  notice  afore- 
said (o). 

CLXXXVII.  The  collector  of  taxes  shall    pay  to  treasurer, 
collect  the   taxes   charged   in   said   dupli- 
cate, and  pay  over  the  same  to  the  respec- 
tive   treasurers     or     authorities    entitled 
thereto,   after    deducting   his   commission 
for  the  collection  thereof,  which  is  hereby 
fixed  at  two  per  centum  on  all  taxes  paid 
to   him   on    which    an   abatement   of   five 
per   centum   is  allowed,  and  at  five  per-    percentage 
centum  on  all  taxes  afterward  collected:    allowed 
Provided,   That   where   the   total   amount 


(n)  Act  of  June  25,  1885,  sec.  7,  P.  L.  p. 
188. 

(o)  Act  of  June  25,  1885,  sec.  8,  P.  L.  p. 
188. 


180 


SCHOOL  LAWS  AND  DECISIONS 


Duties  of  col- 
lector. 


Exonerations. 


Settlement  by 
collectors. 


of  taxes  charged  on  a  duplicate  is  less 
than  one  thousand  dollars,  the  said  collec- 
tor shall  receive  three  per  centum  on  all 
taxes  paid  to  him  on  which  an  abatement 
of  five  per  centum  is  allowed:  Provided 
further,  That  all  taxes  collected  within 
the  sixty  days,  as  provided  in  section 
eight  of  this  act,  shall  be  paid  over  as 
aforesaid  within  fifteen  days  after  the 
expiration  of  said  sixty  days,  and  all 
taxes  thereafter  collected  during  his  term 
of  office  shall  be  paid  over  as  aforesaid  at 
regular  intervals  of  one  month,  and  a  full 
and  complete  settlement  of  all  taxes  col- 
lected shall  be  made  by  said  tax  collector 
with  the  respective  treasurers  or  authori- 
ties entited  thereto,  not  later  than  three 
months  after  the  expiration  of  his  term 
of  office  (p). 

CLXXXVIII.  Exonerations  may  be  made 
by  the  authorities,  and  in  the  same  man- 
ner as  heretofore  (q). 

CLXXXIX.  The  accounts  of  collectors 
of  taxes  shall  be  settled  by  township  or 
borough  auditors  of  the  proper  township 
or  borough,  and  he  shall  state  a  separate 
account  for  each  different  tax  collected  by 


(p)  Act  June  2,  1891,  sec.  2,  P.  L.  p.  17b'. 
(q)  Act  June  25, 1885,  sec.  10,  P.  L.  p.  189. 


OF  PENNSYLVANIA. 


187 


him;  but  collectors  of  county  and  State 
taxes  shall  settle  with  the  county  commis- 
sioners, as  heretofore  (r). 

CXC.  Taxes  charged  upon  unseated  unseated  lands, 
lands  shall  not  be  collected  by  the 
collectors  of  taxes,  but  shall  be  certified 
and  returned  by '  the  several  authorities 
levying  the  same  to  the  county  commis- 
sioners, to  be  collected  as  heretofore  (s). 

CXCI.  So  much  of  all  general  acts  here-    jj0Cai  i.ws. 
tofore  passed,  as  is  inconsistent  herewith, 
is  hereby  repealed;  but  this  act  shall  not 
apply  to  any  taxes,  the  collection  of  which 
is  regulated  by  a  local  law  (t). 

CXCII.  That   from   all   school   taxes  on   Abatement  ui 

five  per  centum. 

unseated  lands  voluntarily  paid  to  the 
school  collector  or  treasurer  of  the  proper 
district,  previous  to  the  first  day  of  May 
next  after  the  date  of  the  school  tax  dupli- 
cate thereof,  there  shall  be  allowed  a  re-» 
duction  or  abatement  of  five  per  centum; 
and  to  all  such  tax  remaining  unpaid  more 
than  one  year  from  said  first  day  of  May, 
an  addition  of  five  per  centum  shall  be 
added  to  the  amount  first  assessed  (u). 


(r)  Act  June  25, 1885,  sec.  11,  P.  L.  p.  189. 
(s)  Act  June  25, 1885,  sec.  12,  P.  L.  p.  189. 
(t)  Act  June  25,  1885,  sec.  13,  P.  L.  p.  189. 
(u)  Act  April  11.  1862,  sec.  8.  p.  473. 


188  SCHOOL  LAWS  AND  DECISIONS 

Collectors  ceni  i y        CXCIII.  That    whenever    school     taxes 

to  commissioners.  ,  .  ,        ,  . .    ,    .    . 

assessed  on  unseated  lands  in  any  district, 
shall  not  be  voluntarily  paid  by  the  owner 
or  owners  thereof,  the  collectors  shall 
certify  the  same  to  the  proper  county 
commissioners,  who  shall  enforce  the  col- 
lection thereof,  with  the  taxes  assessed 
on  unseated  lands  for  county  purposes, 
and  when  so  collected,  shall  be  paid  to 
t lie  district  treasurer  by  orders  drawn  on 
the  county   treasurer   (v). 

Returns,  when  CXCIV.  That  from   and   after  the  pas- 

made. 

sage  of  this  act,  assessors,  supervisors  and 

collectors  of  road  and  school  taxes  be  and 
they  are  hereby  required  to  make  their 
returns  of  the  collection  of  all  taxes  on 
unseated  lands,  on  or  before  the  first  day 
of  January  in  each  and  every  year,  and 
if  not  so  made  by  said  assessors  and  col- 
,  lectors,  such  returns  shall  not  thereafter 
be  received,  nor  shall  such  taxes  be  a  lien 
on  real  estate:  Provided,  That  this  sec- 
tion shall  not  be  construed  to  exempt  any 
such  assessors  and  collectors,  and  their 
bail,  from  liability  for  not  making  their 
return  according  to  law  (w). 
CXCV.  That   if  any   person   shall    neg- 


(v)  Act  May  8,  1854,  sec.  34,  P.  L.  p.  625. 
(w)  Act  April  21,  1856,  sec.  2,  P.  L.  p.  477. 


OF  PENNSYLVANIA.  189 

lect  or  refuse  to  make  payment  of  the  Neglect  or  refusal 
amount  due  by  him  for  such  tax  within  ° pay 
thirty  days  of  the  time  of  demand  so 
made,  it  shall  be  the  duty  of  the  collector 
aforesaid  to  levy  such  amount  by  distress 
and  sale  of  the  goods  and  chattels  of  such  Sale  of  goods, 
delinquent,  giving  ten  days'  public  no- 
tice of  such  sale,  by  written  or  printed 
advertisement;  and  in  case  goods  and 
chattels  sufficient  to  satisfy  the  same, with 
costs,  cannot  be  found,  such  collector 
shall  be  authorized  to  take  the  body  of 
such  delinquent  and  convey  him  to  the 
jail  of  the  proper  county,  there  to  remain  imprioonment. 
until  the  amount  of  such  tax,  together 
with  -the  costs,  shall  be  paid  or  secured 
to  be  paid;  or  until  he  shall  be  otherwise 
discharged  by  law:  Provided,  That  noth- 
ing herein  contained  shall  authorize  the 
arrest  or  imprisonment  for  non-payment 
of  any  tax,  of  any  female,  or  infant,  or 
person  found  by  inquisition  to  be  of  un- 
sound mind   (x). 

CXCVI.  That  goods  and  chattels  of  any 
person  occupying  any  real  estate  shall  be 
liable  to  distress  and  sale  for  the  non- 
payment of  any  taxes  assessed  upon  such 


ix)  Act  April  15,  1834,  sec.  21,  P.  L   p.  514. 


190 


SCHOOL  LAWS  AND  DECISIONS 


May  be  sold  :is 
unseated  land. 


Term  of  war- 
rants. 


When  moneys  to 
be  paid. 


real  estate  during  his  possession  or  occu- 
pancy, and  remaining  unpaid  in  like 
manner  as  if  they  were  the  goods  and 
chattels  of  the  owner  of  such  real  es- 
tate (y). 

CXCVII.  That  all  real  estate  in  the 
Commonwealth  on  which  personal  prop- 
erty cannot  be  found  sufficient  to  pay  the 
taxes  assessed  thereon,  and  the  owner 
refuses  to  pay  the  same,  shall  be  returned 
by  the  collector  to  the  county  commis- 
sioners and  sold  as  unseated  land  at  the 
expiration  of  two  years  after  the  refusal, 
with  the  right  of  redemption  within  one 
year  after  the  actual  notice  (z). 

CXCVIII.  That  the  period  during  which 
warrants  hereafter  to  be  issued  to  collec- 
tors shall  be  effectual  for  the  collection 
of  taxes,  shall  be  two  years  and  no 
more  (a). 

CXCIX.  That  every  collector  shall, 
within  six  weeks  from  the  date  of  his 
warrant,  pay  all  such  moneys  as  he  may 
by  that  time  have  received,  to  the  treas- 
urer  of  the   proper   county   or   township, 


(y)  Act  April  15,  1834,  sec.  46,  P.  L.  p.  518. 
(z)  Act  April  29, 1844,  sec.  41,  P.  L.  p.  501. 
(a)  Act  April  22, 1846,  sec.  21,  P.  L.  p.  490. 


OF  PENNSYLVANIA.  191 

as  the  case  may  be,  at  a  certain  time  and 
place  to  be  mentioned  in  such  warrant  (b). 
CC.  lhat    every    collector    shall,  with-    Shall  pay  within 

.    .  three  months. 

in  three  months  after  receiving  the 
corrected  duplicate,  pay  into  the  hands 
of  the  treasurer  of  the  proper  county  or 
township,  as  the*  case  may  be,  the  whole 
amount  of  the  taxes  charged  and  assessed 
in  such  duplicate,  excepting  such  sums  as 
the  commissioners  or  supervisors  and 
overseers,  as  the  case  may  be,  in  their 
discretion  may  exonerate  him  from,  on 
pain  of  being  answerable  for  and  charge- 
able' with  the  whole  balance  so  remaining 
unpaid   (c). 

CCI.  That  the  secretary  of  any  board  of 
directors  or  controllers  may,  at  any  time, 
within  one  year  from  the  delivery  of  the 
duplicate  of  school  tax  to  the  collector 
thereof,  file  a  certificate  signed  by  the  8ecretary  of 
president  and  attested  by  the  secretary    board  may  «"e 

,,  __  „     ,  J      a  certificate. 

in  the  office  of  the  prothonotary  of  the 
court  of  common  pleas  of  the  proper 
county,  stating  the  amount  of  said  tax 
due  and  unpaid  by  said  collector  at  the 
date  thereof;  and  it  shall  be  the  duty  of 
the   prothonotary   to   enter   the   same   on 


(b)  Act  April  15,  183i,  sec.  47,  P.  L.  p.  518. 

(c)  Act  April  15,  1834,  sec.  49,  P.  L.  p.  519. 


192  SCHOOL  LAWS  AND  DECISIONS 

his   docket;  which  certificate  shall,  from 

such  entry,  have  the  same  operation  and 

effect  as  a  judgment  of  said  court  against 

Execution  may  be   said  collector  and  his  sureties,  and  execu- 

issued. 

tion  may  be  issued  thereon,  in  like  man- 
ner as  in  judgments,  for  the  amount  re- 
maining unpaid  at  the  date  of  said  exe- 
cution, at  any  term  of  the  court  afore- 
said (d). 

CCII.  That  the  provisions  of  the  fiftieth 
section  of  an  act  of  the  General  Assembly 
of  this  Commonwealth,  entitled  "An  act 
relating  to  county  rates  and  levies  and 
township  rates  and  levies,"  passed  April 
15,  1834,  shall  not  be  so  construed  as  to 
prohibit  a  collector  of  taxes  from  insti- 
tuting suit  or  suits  for  the  recovery  of 
taxes  due  and  unpaid  at  anytime  after  the 
expiration  of  his  warrant;  but  in  all  cases 
where  taxes  are  due  and  unpaid  to  any 
collector,  after  the  expiration  of  his  war- 
rant, when  such  collector  has  not  been 
legally  exonerated  therefrom,  every  such 
collector  or  person,  his  executors,  admin- 
istrators or   any   of  them,   is   hereby   de- 

coiieetormayane    clared   to   have   full  right   and   power   to 
dejingupnfs,    •         gue  for  and  recover  the  same  with  inter- 
est  thereon,   after   the    expiration   of  his 


(d)  Act  April  11,  1862,  sec.  13.  P.  L.  p.  474. 


OF  PENNSYLVANIA.  193 

warrant  aforesaid,  from  all  and  every 
person  and  persons,  besides  politic  and 
corporate,  owing  the  same,  as  other  debts 
of  like  amount  are  now  by  law  recover- 
able (e). 

CCIII.  Be  it  enacted,   &c,  That  in  all    warrants  of  tax 
cases  in  which  the  period  of  two  years,   ™allTxpir7<ilT 
the  limitation  of  the  warrants  in  the  du-   ^edand  ex6-" 
plicate   of  county,   city,   township,  ward,    tended. 
school  and  borough  tax  collectors  have  ex- 
pired, and  said  collectors  or  collector  have 
become  liable  for  the  amount  of  tax  on 
said  duplicates  without  having  collected 
the  same,   the  said   duplicates  and  war- 
rants in  all  such  cases  are  hereby  revived 
and  extended  for  another  period  of  one 
year   from  the  passage  of  this  act,   and 
said  collector  or  collectors  are  hereby  au-   collectors  author- 
thorized  and  empowered  to  proceed  and   and  collect  said 
collect  said  taxes  from  all  persons  who    taxes- 
have  not  paid  taxes  assessed  to  them  re- 
siding in   said   districts  within  which  it 
may  have  been  assessed,  as  well  as  from 
all  persons  who  removed  from  said  city, 
ward,  township  or  townships,  or  boroughs 
and   have  neglected   to  pay  taxes  so   as 
aforesaid  assessed,  with  like  effect  as  if 
said    warrants   had    not    expired    by    the 


(e)  Act  April  11,  1848,  sec.  3,  P.  L.  p.  524. 
13 


194 


SCHOOL  LAWS  AND  DECISIONS 


Proviso. 


Bondsmen  not  re- 
leased. 


limitations  of  two  years  aforesaid:  Pro- 
vided, That  provisions  of  this  act  shall 
not  apply  to  warrants  issued  prior  to  the 
year  one  thousand  eight  hundred  and 
eighty-eight,  and  that  nothing  contained 
in  this  act  shall  release  any  bondsman  or 
security  (f). 


Accounts  of 
school  treasurers 
to  be  audited. 


Auditors,  when  to 
meet. 


Duties  of  Auditors. 

CCIV.  That  it  shall  be  the  duty  of  the 
borough  and  township  auditors,  in  addi- 
tion to  the  duties  now  imposed  upon 
them,  by  law,  to  settle  annually  the  ac- 
counts of  the  school  treasurers  of  the  dif- 
ferent school  districts  in  this  Common- 
wealth; and  that  either  party  may  take 
an  appeal,  as  is  now  provided  for  in  other 
cases  of  settlement  of  accounts  by  town- 
ship auditors:  Provided,  That  this  act 
shall  not  apply  to  the  city  and  county  of 
Philadelphia   (g). 

CCV.  That  the  auditors  of  the  several 
townships  and  boroughs  within  this  Com- 
monwealth shall  meet  annually  on  the 
first  Monday  of  June  and  oftener,  if  nec- 
essary, and  shall  audit,  settle  and  adjust 
the  accounts  of  the  supervisors,  road  com- 


(f)  Act  June  26,  1895,  sec.  1,  P.  L.  p.  287. 

(g)  Act  May  21,  1857,  sec.  1,  P.  L.  p.  631. 


OF  PENNSYLVANIA. 


195 


missioners,  school,  borough  and  township 
treasurers,  as  may  by  law  be  referred  to 
them  (h). 

CCVI.  That  the  auditors  of  the  several 
townships  and  boroughs  within  this  Com- 
monwealth are  hereby  authorized  and  re- 
quired to  publish,  by  posting  handbills, 
either  written  or  printed,  in  at  least  five 
public  places  within  their  respective 
townships  or  boroughs,  an  itemized  an- 
nual statement  of  the  receipts  and  ex- 
penditures of  the  borough  councils,  road 
commissioners,  supervisors,  overseers  of 
the  poor  and  school  directors  for  the  year 
preceding  the  annual  settlement  for  their 
respective  districts;  said  handbills  to  be 
posted  within  ten  days  after  such  settle- 
ment; and  further,  it  shall  be  the  duty  of 
said  auditors  to  file  a  copy  of  the  same 
with  the  town  clerk  in  their  respective 
districts,  and  also  with  the  clerk  of  the 
court  of  quarter  sessions,  which  shall  be 
at  all  times  subject  to  inspection  by  any 
citizen  thereof:  Provided,  That  where 
any  two  of  said  offices  shall  be  exercised 
by  the  same  persons  only  one  statement 
shall  be  required:  Also  provided,  That 
nothing  in  this  act  shall  be  construed  to 


Publication  of 
accounts. 


File  copy  with 
clerk  of  court. 


Proviso. 


(h)  Act  April  24,  1874,  sec.  1,  P.L.  p.  112. 


196 


SCHOOL  LAWS  AND  DECISIONS 


Penalty  for 
neplect  of  duty. 


Township  audi- 
tors, when  to 
meet. 


interefere  with  the  present  law  which  re- 
quires annual  statements  of  the  receipts 
and  expenditures  of  the  boroughs  coun- 
cils, road  commissioners,  supervisors, 
overseers  of  the  poor  and  school  directors 
to  be  advertised  in  the  daily  and  weekly 
newspapers  published  in  their  respective 
localities  (i). 

CCVII.  In  case  of  neglect  or  refusal  to 
comply  with  the  provisions  of  this  act, 
the  auditors  so  neglecting  or  refusing 
shall  each  pay  a  penalty  of  twenty  dol- 
lars, to  be  recovered  in  the  same  manner 
as  debts  of  similar  amounts  are  by  law 
recoverable,  by  suit  instituted  in  the  name 
of  the  school  district  upon  complaint  of 
any  tax  paying  citizen  of  the  same,  and 
the  proceeds  thereof  to  be  paid  into  the 
school  treasury  of  said  district  (k). 

CCVIII.  That  the  township  auditors 
shall  meet  on  the  second  Monday  of 
March  of  the  year  one  thousand  eight 
hundred  and  eighty-one,  and  on  the  sec- 
ond Monday  of  March  in  each  year  there- 
after, for  the  settlement  of  all  accounts 
by  them  to  be  settled,  except  the  account 

(i)  Act  April  24,  1874,  sec.  2,  P.  L.  p.  112. 
(k)  Act  April  24,  1874,  sec.  3,  P.L.  p.  113. 


OF  PENNSYLVANIA.  197 

of  the  school  directors  and  school  treas- 
urer (1). 
CCIX.  That      the      borough      auditors   Borough  audi- 

,     ,,  .       ,,  .    ,,       ,  .    tors,  when  to 

shall  meet  on  the  second  Monday  of  meet. 
March  of  the  year  one  thousand  eight 
hundred  and  eighty-three,  and  on  the 
second  Monday  of  March  in  each  year 
thereafter,  for  the  settlement  of  all  ac- 
counts by  them  to  be  settled,  except  the 
accountsof  the  school  directors  and  school 
treasurer  (m). 

CCX.  That  from  and  after  the  passage  compensation. 
of  this  act,  the  compensation  of  each  bor- 
ough and  township  auditor  shall  be  two 
dollars  per  diem  for  each  day  necessarily 
employed  in  the  duties  of  his  office:  Pro- 
vided, This  act  shall  not  interfere  with  or 
change  any  local  or  special  law,  where  a 
larger  amount  than  two  dollars  per  day 
is  authorized  to  be  paid  (n). 

CCXI.  That   on   and  after  the   passage   Auditors  in  inde- 
of  this  act,  there  shall  be  elected  in  each    pen  en  tlstricts- 
independent  school  district  of  this  Com- 
monwealth, three  auditors,  one  to  serve 
for  one  year,  one  for  two  years,  and  one 
for  three  years,  and  annually  thereafter 

(1)  Act  June  4,  1879,  sec.  2,  P.  L.  p.  94. 
(m)  Act  June  13, 1883,  sec.  2,  P.  L.  p.  121. 
(n)  Act  May  4,  1889,  sec.  1,  P.  L.  p.  86. 


198 


SCHOOL  LAWS  AND  DECISIONS 


Shall  be  sworn. 


Compensation  in 
independent  dis- 
tricts. 


one  each  year  to  serve  for  the  term  of 
three  years,  to  audit  and  adjust  the  sev- 
eral school  accounts  of  said  district  (o). 

CCXII.  That  the  auditors  in  said  inde- 
pendent school  district  shall  be  qualified 
and  shall  perform  the  duties  as  township 
and  borough  auditors  are  now  required  by 
law  to  do  (p). 

CCXIII.  That  from  and  after  the  pas- 
sage of  this  act  the  compensation  of  each 
independent  school  district  auditor  shall 
be  two  dollars  per  diem  for  each  day  nec- 
essarily employed  in  the  duties  of  his 
office,  which  shall  be  paid  out  of  the 
school  fund  of  said  district  (q). 

147.  Two  settlements  of  the  district  ac- 
counts are  evidently  intended  to  be  made 
annually;  one  by  the  board,  of  the  ac- 
counts of  the  treasurer,  and  the  other  by 
the  district  auditors,  of  the  account  of  the 
treasurer  and  tax  collector. 

148.  The  auditors  are  to  charge  the 
treasurer  with  the  amount  received  by 
him,  according  to  his  own  statement,  and 

(o)  Act  May  10,  1893,  sec.  1,  P.  L.  p.  41. 
(p)  Act  May  10,  1893,  sec.  2,  P.  L.  p.  41. 
(q)  Act  May  10,  1893,  sec.  3,  P.  L.  p.  41 


OF  PENNSYLVANIA.  199 


are  then  to  allow  every  voucher  produced 
by  him,  which  on  its  fact  appears  to  be 
for  a  legal  object  within  the  jurisdiction 
and  control  of  the  board. 

149.  The  auditors  have  no  authority  to 
control  the  board  in  the  expenditure 
of  the  district  funds  so  long  as  confined 
to  legitimate  objects,  except,  perhaps,  in 
cases  in  which  the  prices  paid  are  so 
enormous  as  to  show  by  their  amount 
that  they  are  fraudulent. 

Cities  of  the  Third  Class. 

CCXIV.  That  the  forty-first  section  of 
the  act,  entitled  "An  act  dividing  cities 
of  this  State  into  three  classes,  regulating 
the  passage  of  ordinances,  providing  for 
contracts  for  supplies  and  work  for  said 
cities,  authorizing  the  increase  of  indebt- 
edness and  the  creation  of  a  sinking  fund 
to  redeem  the  same,  defining  and  punish- 
ing certain  offenses  in  all  of  said  cities, 
and  providing  for  the  incorporation  and 
government  of  cities  of  the  third  class," 
approved  the  twenty-third  day  of  May, 
Anno  Domini  one  thousand  eight  hundred 
and  seventy-four,  which  provides  as  fol- 
lows: 


200  SCHOOL  LAWS  AND  DECISIONS 

cued  for  amend-  "Section  41.  Each  of  said  cities  of  the 
third  class,  shall  constitute  one  school 
district  to  be  termed  school  dis- 
trict, and  all  the  property  therein  shall 
be  the  common  property  of  said  district; 
and  the  members  of  the  board  of  school 
controllers  for  the  time  being  shall  have 
power  to  levy  and  collect  taxes,  and  the 
same  rights  and  powers  in  relation  to 
real  and  personal  property  as  is  now  by 
law  conferred  upon  the  school  directors 
of  the  several  districts  within  this  Com- 
monwealth, and  they  shall  govern  and 
manage  the  public  schools  in  the  manner 
now  provided  by  law  for  the  maintenance 
of  a  system  of  education  by  common 
schools;  the  qualified  voters  of  each  ward 
of  each  of  said  cities  on  the  third  Tuesday 
in  February  next  succeeding  the  issuing 
of  letters  patent  to  said  city,  elect  two 
members  of  the  board  of  school  control- 
lers of  said  district,  one  to  serve  for  the 
period  of  two  years,  and  one  to  serve  for 
the  period  of  four  years,  and  every  two 
years  thereafter,  the  qualified  voters  of 
each  of  said  wards  shall  elect  one  person 
to  serve  for  the  term  of  four  years;  and 
all  vacancies  which  may  happen  in  the 
said  board  as  hereby  constituted,  shall 
be  filled  in  the  manner  as  is  now  provided 


OF  PENNSYLVANIA.  201 


by  law  for  vacancies  in  school  boards;  the 
said  board  of  controllers  shall  annually, 
on  the  Tuesday  succeeding  the  municipal 
election,  meet  and  organize  by  choosing 
a  president  and  secretary,  who  shall  be 
members  of  the  board;  and  in  case  of  any 
vacancy  in  any  of  said  offices  by  death, 
resignation    or    otherwise,    such    vacancy 
shall  be  forthwith  filled  by  the  said  board 
of  control  for  the  remainder  of  the  school 
year;  the  secretary  to  receive  such  salary 
as  the  board  may   determine:     Provided, 
That  in  all  cases  where  two  members  of 
said  board  are  required  to  be  elected  to 
serve  for  the  same  term,  each  of  the  said 
qualified  voters  shall  vote  for  one  person 
as  a  member  of  said  board  of  school  con- 
trollers for  said  term,  and  the  two  per- 
sons having  the  highest  number  of  votes 
shall  be  declared  to  be  elected;  and  when 
a  vacancy  or  vacancies  shall  occur  in  ^e 
office  of  school  controller  by  death,  resig- 
nation, or  in  any  other  manner  than  by 
the  expiration  of  the  term  for  which  any 
school  controller  shall  be  elected,  so  that 
more  than  two  school  controllers  must  be 
elected  at  the  succeeding  municipal  elec- 
tion in  any  ward  of  said  city,  the  qualified 
voters  of  such   ward,  in  addition  to  the 
one  school  controller  to  be  voted  for  by 

13* 


202  SCHOOL  LAWS  AND  DECISIONS 

each  elector  to  serve  for  four  years,  shall 
vote  for  one  person  to  fill  each  of  such  un- 
expired terms  by  designating  upon  the 
ticket  to  be  voted  the  number  of  years 
for  which  such  school  controller  is  elect- 
ed, and  each  elector  shall  vote  for  but 
one  person  to  fill  such  unexpired  term; 
and  if  there  be  two  vacancies  for  the  same 
term,  then  the  two  candidates  having  the 
highest  number  of  votes  shall  be  declared 
elected;  and  if  there  should  be  but  one 
vacancy  for  any  unexpired  term,  then  the 
candidate  having  the  highest  number  of 
votes  for  said  term  shall  be  declared 
elected:  Provided  further,  That  in  said 
cities  of  twelve  wards  or  more,  each  ward 
shall  elect  but  one  controller;  those  elect- 
ed from  even  numbered  wards  at  said  first 
election  to  serve  for  two  years,  and  those 
from  odd  numbered  wards  for  four  years; 
thereafter,  every  two  years,  alternately, 
they  shall  elect  one,  each  to  serve  four 
years:  Provided  further,  That  none  of  the 
provisions  of  this  act  shall  be  applicable 
to  the  election  of  directors  or  control- 
lers of  the  public  schools,  to  the  organi- 
zation of  the  school  board,  to  the  election 
of  the  school  treasurer,  or  of  any  other 
officer  of  said  board,  to  the  receiving  and 
collection  of  school  taxes,  in  any  city  of 


OF  PENNSYLVANIA.  203 

the  third  class  constituting  one  school  dis- 
trict; but  the  said  district  shall  be  gov- 
erned by  laws  heretofore  enacted,  appli- 
cable to  the  same,  if  the  acceptance  of 
this  act,  required  by  the  fifty-seventh 
section  hereof,  shall  be  accompanied  by  a 
certificate  from  the  school  district,  signed 
by  the  proper  officers  thereof,  expressing 
its  desire  to  retain  the  laws  governing  it 
independent  of  this  statute,  otherwise  this 
act  shall  govern  the  same:  And  pro- 
vided further,  That  it  shall  be  lawful  for 
such  board,  in  its  discretion,  by  a  vote  of 
its  members  as  aforesaid  from  time  to 
time,  to  accept  any  of  the  provisions  of 
this  act  regulating  school  matters,  and 
after  such  acceptance,  duly  recorded  on 
the  minutes  of  said  board,  said  provisions 
so  accepted  shall  be  the  law  of  such  dis- 
trict," be  and  the  same  is  hereby  amended 
to  read  as  follows: 
"Section  41.  Each  of  said  cities  of  the    Each  city  of  third 

....        ,  ,    ...  ...  ,        ,     class  one  district. 

third    class    shall    constitute   one    school 

district,  to  be  termed  the  school 

district,  and  all  the  property  therein  shall 

be  the  common  property  of  said  district; 

and  the  members  of  the  board  of  school 

controllers  for  the  time  being  shall  have   JroH|Jg0fcon" 

power  to  levy  and  collect  taxes,  and  the 

same  rights  and  powers  in  relation  to  real 

and  personal  property  as  is  now  by  law 


204 


SCHOOL  LAWS  AND  DECISIONS 


Election  of  con- 
trollers. 


Term. 


Vacancies. 


Organization  oi 
board. 


Vacancies. 


conferred  upon  the  school  directors  of  the 
several  districts  of  this  Commonwealth, 
and  they  shall  govern  and  manage  the 
public  schools  in  the  manner  now  pro- 
vided by  law  for  the  maintenance  of  a 
system  of  education  by  common  schools; 
the  qualified  voters  of  each  ward  of  each 
of  said  cities  on  the  third  Tuesday  in 
February  next  succeeding  the  issuing  of 
letters  patent  to  said  city,  elect  two  mem- 
bers of  the  board  of  school  controllers  of 
said  district,  one  to  serve  for  the  period 
of  two  years,  and  one  to  serve  for  the 
period  of  four  years,  and  every  two  years 
thereafter  the  qualified  voters  of  each 
of  said  wards  shall  elect  one  person  to 
serve  for  the  term  of  four  years;  and  all 
vacancies  which  may  happen  in  the  said 
board  as  hereby  constituted,  shall  be 
filled  in  the  manner  as  is  now  provided 
by  law  for  vacancies  in  school  boards; 
the  said  board  of  controllers  shall  annu- 
ally, on  the  Tuesday  succeeding  the  mu- 
nicipal election,  meet  and  organize  by 
choosing  a  president  and  secretary,  who 
shall  be  members  of  the  board;  and  in 
case  of  any  vacancy  in  any  of  said  offices 
by  death,  resignation  or  otherwise,  such 
vacancy  shall  be  forthwith  filled  by  said 
board  of  control  for  the  remainder  of  the 


OF  PENNSYLVANIA.  205 

school  year;  the  secretary  to  receive  such 
salary  as  the  board  may  determine: 
Provided,    That    in    all    cases    where    two    where  two  are 

xl"v  '  chosen  for  same 

members  of  said  board  are  required  to  be  term, 
elected  to  serve  for  the  same  term,  each 
of  said  qualified  voters  shall  vote  for 
one  person  as  a  member  of  said  board  of 
school  controllers  for  said  term,  and  the 
two  persons  having  the  highest  number 
of  votes  shall  be  declared  to  be  elected; 
and  when  a  vacancy  or  vacancies  shall  unexpired  terms. 
occur  in  the  office  of  school  controller,  by 
death,  resignation  or  in  any  other  manner 
than  by  the  expiration  of  the  term  for 
which  any  school  controller  shall  be  elect- 
ed, so  that  more  than  two  school  con- 
trollers must  be  elected  at  the  succeed- 
ing municipal  election  in  any  ward  of  . 
said  city,  the  qualified  voters  of  such 
ward,  in  addition  to  the  one  school  con- 
troller to  be  voted  for  by  each  elector  to 

serve  four  years,  shall  vote  for  one  person    For  whom  elec- 
tors shall  vote, 
to   fill  each  of  such  unexpired   terms  by 

designating  upon  the.  ticket  to  be  voted 
the  number  of  years  for  which  such  school 
controller  is  elected,  and  each  elector 
shall  vote  for  but  one  person  to  fill  such 
unexpired  term;  and  if  there  be  two  va- 
cancies for  the  same  term,  then  the  two 
candidates    having    the    highest    number 


206  SCHOOL  LAWS  AND  DECISIONS 

of  votes  shall  be  declared  elected;  and  if 
there  should  be  but  one  vacancy  for  any 
unexpired  term,  then  the  candidate  hav- 
ing the  highest  number  of  votes  for  said 
term  shall  be  declared  elected:  Provided 
further,  That  in  said  cities  of  fifteen 
wards  or  more,  each  ward  shall  elect  but 
one  controller;  those  elected  from  even 
numbered  wards  at  said  first  election  to 
serve  for  two  years,  and  those  from  odd 
numbered  wards  for  four  years;  there- 
after, every  two  years,  alternately,  they 
shall  elect  one  each  to  serve  for  four 
years:  Provided  further,  That  none  of 
the  provisions  of  this  act  shall  be  appli- 
cable to  the  election  of  directors  or  con- 
trollers of  the  public  schools,  to  the  or- 
ganization of  the  school  board,  to  the 
election  of  school  treasurer  or  of  any 
other  officer  of  said  board,  to  the  receiving 
and  collection  of  school  taxes  in  any  city 
of  the  third  class  constituting  one  school 
district;  but  the  said  district  shall  be 
governed  by  laws  heretofore  enacted,  ap- 
plicable to  the  same,  if  the  acceptance  of 
this  act,  required  by  the  fifty-seventh 
section  hereof,  shall  be  accompanied  by  a 
certificate  from  the  school  district,  signed 
by  the  proper  officers  thereof,  expressing 
its  desire  to  retain  the  laws  governing  it 


OF  PENNSYLVANIA. 


207 


Shall  i<ive  bond. 


independent  of  this  statute,  otherwise  this    Districts  may  re- 

.  .  ,    j     tain  old  laws. 

act  shall  govern  the  same:  And  provided 
further,  That  it  shall  be  lawful  for  such 
board,  in  its  discretion,  by  a  vote  of  its 
members  as  aforesaid,  from  time  to  time, 
to  accept  any  of  the  provisions  of  this  act    Boards  may  ac- 

^  J  r  cept  provisions  of 

regulating  school  matters,  and  after  such   this  act. 
acceptance,  duly  recorded  on  the  minutes 
of  said  board,  said  provisions  so  accepted 
shall  be  the  law  of  such  district"  (r). 

CCXV.  The  city  treasurer  shall,  ex- 
officio,  be  school  treasurer,  and  before  en- 
tering upon  the  duties  of  his  office,  shall 
give  bond  to  the  school  directors,  condi- 
tioned for  the  faithful  performance  of  his 
duties,  in  such  amount  as  the  board  shall 
direct,  and  with  such  sureties  as  by  them 
approved;  and  shall  also,  before  he  enters 
upon  his  office,  take  and  subscribe  an 
oath  or  affirmation  of  like  nature  as  is 
hereinbefore  prescribed  for  the  city  treas- 
urer (s). 

CCXVI.  That  the  annual  assessments  of 
school  taxes  shall  be  completed  on  or  be- 
fore the  first  day  of  June,  in  each  and 
every  year;  and,  upon  the  duplicate  or 
duplicates  having  been  made,  as  directed 


Assessment  and 
collection  of 
school  taxes. 


(r)  Act  June  16,  1891,  sec.  1,  P.  L.  p.  306. 
(a)' Act  May  23,  1874,  sec.  42,  P.  L.  p.  256. 


208  SCHOOL  LAWS  AND  DECISIONS 

by  the  said  board  of  school  controllers  the 
same  shall  be  placed  in  the  possession  of 
the  treasurer,  who  shall  collect  and  re- 
ceive said  taxes  in  the  manner  herein- 
before provided  for  the  collection  of  city- 
taxes;  and  the  said  school  taxes,  unpaid 
after  the  first  day  of  August  and  the  first 
day  of  October,  in  each  and  every  year, 
shall  have  the  same  additional  sum  per 
centum  added  thereto,  as  is  hereinbefore 
provided  in  the  case  of  unpaid  city  taxes, 
after  the  first  day  of  October,  in  each  and 
every  year;  said  duplicates  shall  be  placed 
in  the  hands  of  collectors,  to  be  ap- 
pointed as  directed  in  section  thirty-eight 
How  to  be  applied    of  this  act;  the  said  taxes  shall  be  applied 

and  disbursed. 

only  to  the  purposes  of  the  said  schoo\ 
district,  and  be  disbursed  only  on  the 
warrant  of  the  president  and  secretary 
of  the  board  of  school  controllers,  coun- 
tersigned by  the  city  controllers  (t). 
Sinking  fund.  CCXVII.  That  for  the  purpose  of  creat- 

ing a  sinking  fund  for  the  gradual  extin- 
guishment of  the  bonds  and  funded  debt 
of  the  respective  school  districts  in  the 
cities  of  this  Commonwealth,  the  school 
controllers  of  each  thereof  shall,  annu- 
ally   (until    payment    of    the    bonds   and 


(t)  Act  May  23,  1874,  sec.  43,  P.  L.  p.  256. 


OF  PENNSYLVANIA.  209 

funded  debt  be  fully  provided  for),  levy 
and  collect  a  tax  of  not  less  than  one  mill, 
and  not  exceeding  three  mills,  upon  the 
assessed  value  of  the  taxable  property 
of  each  of  said  cities,  which  shall  be  paid 
into  the  school  treasury,  and  shall  be  ap- 
plied towards  the  extinguishment  of  said 
bonds  and  funded  debt,  in  the  order  of 
priority  of  the  date  of  its  issue,  and  to 
no  other  purpose  whatever:  Provided,  Taxiimlted. 
That  the  whole  tax  of  such  school  district, 
for  any  one  year,  shall  not  exceed  the 
entire  rate  now  allowed  by  law  for  school 
and  building  purposes  (u). 

CCXVIII.  That  for  the  purposes  of  leg-  cities  in  three 
islation,  regulating  their  municipal  af- 
fairs, the  exercise  of  certain  corporate 
powers  and  having  respect  to  the  num- 
ber, character,  powers  and  duties  of  cer- 
tain officers  thereof,  the  cities  now  in  ex- 
istence, and  those  hereafter  created  in 
this  Commonwealth,  shall  be  divided  into 
three  classes. 

Those   containing   a   population   of  one    Kirst  class, 
million  or  over  shall  constitute  the  first 
class. 

Those  containing  a  population   of  one   Secon(j  ciaS8 

(u)  Act  May  23,  1874,  sec.  44,  P.  L.  p.  256. 
14 


210 


SCHOOL  LAWS  AND  DECISIONS 


Third  class. 


Classiflcation 
shall  be  ascer- 
tained by  last 
census. 


Population  neces- 
sary to  change 
classification. 


Duty  of  the  Gov- 
ernor to  certify. 


Election  to  be 
held  within  one 
month  from  date 
Of  certificate. 


Terms  of  oflieers. 


hundred  thousand  and  under  one  million, 
shall  constitute  the  second  class. 

Those  containing  a  population  under 
one  hundred  thousand,  shall  constitute 
the  third  class. 

Section  2.  The  classification  of  said 
cities  respectively  shall  be  ascertained 
and  fixed  by  reference  to  their  population 
according  to  the  last  preceding  United 
States  census,  and  whenever  it  shall  ap- 
pear by  any  such  census  that  any  city  of 
the  second  or  third  class  has  attained  a 
population  entitling  it  to  an  advance  in 
classification  as  herein  prescribed,  it  shall 
be  the  duty  of  the  Governor,  under  the 
great  seal  of  this  Commonwealth,  to  cer- 
tify the  fact  accordingly,  which  certificate 
shall  be  entered  at  large  upon  the  min- 
utes of  the  councils  of  such  city,  and 
recorded  in  the  office  for  recording  the 
deeds  of  the  proper  county. 

At  the  municipal  election  occurring  not 
less  than  one  month  after  the  date' of  such 
certificate,  the  proper  officers  shall  be 
elected  to  which  the  said  city  will  become 
entitled  under  the  change  in  classification, 
and  upon  the  first  Monday  of  April  next 
ensuing,  the  terms  of  all  officers  of  said 
city  then  in  office  whose  offices  are  super- 
seded by  reason  thereof  shall  cease  and 


OF  PENNSYLVANIA.  211 


determine,  and  the  city  government  shall 
be  duly  organized,  and  shall  thereafter 
be  controlled  and  regulated  by  the  laws 
of  this  Commonwealth  applicable  to  the 
same  under  the  classification  hereby  fixed 
and  appointed  (v). 

SUPERINTENDENTS  OF  SCHOOLS. 


State  Superintendent   of   Public    Instruc- 
tion. 

CCXIX.  That  from  and  after  the  first   state  and  school 

departments  sep- 

Monday  in  June,  Anno  Domini  one  thou-    arated. 
sand  eight  hundred  and  fifty-seven,  the 
Department   of   Common    Schools      shall 
be    detached    and   remain    separate    from 
the   office  of   Secretary  of   the   Common- 
wealth,   and    a    superintendent    of    com- 
mon  schools   shall   be   appointed   by   the    superintendent  to 
Governor,  every  third  year,  by  and  with    b«aiJPuiIlted- 
the    advice    and    consent   of  the    Senate, 
and   shall   hold   his   office   from   the   first 
Monday  of  June,  for  and  during  the  term 
of  three  years,  if  he  shall  so  long  behave 
himself  well;    and  he  shall  be  liable  to 
be  removed  from  office  by  the  Governor 
for    misbehavior    or    misconduct    at    any 


(v)  Act  June  25,  1895,  sec.  2,  P.  L.  p.  276. 


212 
Vacancies. 

Proviso. 


Duties  and 
powers. 


SCHOOL  LAWS  AND  DECISIONS 

time  during  his  term;  and  any  vacancy 
that  may  occur  in  said  office  of  superin- 
tendent shall  be  supplied  by  a  new  ap- 
pointment for  the  unexpired  term  of  the 
former  incumbent:  Provided,  That  in 
the  event  of  any  such  removal,  the  Gov- 
ernor shall  at  the  time  communicate  his 
reasons  therefor  in  writing  to  the  super- 
intendent so  displaced,  and  also  to  the 
Senate,  if  in  session,  and  if  not,  within 
ten  days  after  the  next  meeting  (w) 

150.  Section  8  of  Article  IV,  Constitu- 
tion of  1873,  changes  the  title  "Superin- 
tendent of  Common  Schools*'  to  "Superin- 
tendent of  Public  Instruction/'  and 
makes  his  term  of  office  four  years.  The 
Superintendent  of  Public  Instruction  is 
appointed  by  the  Governor,  with  the  ad- 
vice and  consent  of  two-thirds  of  all  the 
members  of  the  Senate. 

CCXX.  That  the  Superintendent  of 
Common  Schools,  and  his  successors  in 
office,  appointed  under  this  act,  shall  fur- 
nish the  same  security,  exercise  the  same 
duties  and  responsibilities  that  are  now 

(w)  Act  April  18,  1857,  sec  1,  P.  L. 
page   263. 


OF  PENNSYLVANIA.  213 

by  law  required  of  and  devolved  upon  the 
Superintendent   of   Common   Schools   (x). 

CCXXI.  The  State  Superintendent  To  settle  contro- 
shall  decide  without  appeal,  and  without 
cost  to  the  parties,  all  controversies  or 
disputes  that  may  arise  or  exist  among 
the  directors  or  controllers  of  any  dis- 
trict, between  directors  of  adjoining  dis- 
tricts, or  between  collectors  or  treasur- 
ers, and  directors  or  controllers,  con- 
cerning the  duties  of  their  respective 
officers;  the  facts  of  which  controver- 
sies or  disputes  shall  be  made  known  to 
him  by  written  statements,  by  the  parties 
thereto  acting  in  their  official  capacities, 
verified  by  oath  or  affirmation,  if  re- 
quired, and  accompanied  by  certified 
copies  of  all  necessary  minutes,  con- 
tracts, orders,  or  other  documents  (y). 

CCXXII.  He  shall,   whenever  required,   Give  advice  and 

,.    _       information. 

give  advice,  explanations,  construction, 
or  information  to  the  district  officers, 
and  to  citizens,  relative  to  the  common 
school  law,  the  duties  of  common  school 
officers,  the  rights  and  duties  of  parents, 
guardians,    pupils    and    all    officers,    the 


(x)  Act  April  18,  1857,  sec.  3,  P.  L.  page 
263. 

(y)  Act  may  8,  1854,  sec.  46,  P.  L.  page 
627. 


214 


SCHOOL  LAWS  AND  DECISIONS 


sign  all  orders  on 
>tate  Treasurer. 


Commissioners 
report  number  of 
ta.xables. 


Basis  for  distri- 
bution of  appro  • 
prlation. 


management  of  the  schools,  and  all  other 
questions  and  matters  calculated  to  pro- 
mote the  cause  of  education  (z). 

CCXXIII.  He  shall  sign  all  orders  on 
the  State  Treasurer  for  the  payment  of 
such  moneys  to  the  treasurers  of  the  sev- 
eral school  districts,  as  they  may  be  en- 
titled to  receive  from  the  State,  and  for 
all  other  moneys  to  be  paid  out  of  the 
appropriation  to  common  schools  made 
by  this  act  (z). 

CCXXIV.  That  it  shall  be  the  duty  of 
the  commissioners  of  each  county  to  as- 
certain, triennially,  with  the  assistance 
of  the  respective  assessors,  the  exact 
number  of  taxable  citizens  residing  in 
each  school  district  in  their  several  coun- 
ties, and  to  certify  the  same  under  their 
hands  and  seals  of  office,  to  the  Superin- 
tendent of  Common  Schools,  who  is  here- 
by directed  to  adopt  the  number  of  tax- 
ables thus  certified  to  him  as  the  basis 
of  distribution  of  the  State  appropria- 
tion, which  said  certificate  shall  be  pre- 
pared and  transmitted  on  or  before  the 
first  Monday  of  June  in  every  third  year, 
commencing    with    the    first    Monday    of 


(z)  Act  May  8,  1854,  sec.  46,  P.  L.  page 

628. 


OF  PENNSYLVANIA.  215 

June,  A.  D.  one  thousand  eight  hundred 
and  sixty-five  (a). 

CCXXV.  That  if  the  commissioners  of   ^0'£"™e*iiect 
any  county  shall  neglect  to  forward  such    dl11?- 
certificate  on  or  before  said  day,  the  su- 
perintendent may,  in  such  case,  adopt  the 
number  of  taxables  set  forth  in  the  next 
preceding  certificate  or  return  (b). 

CCXXVI.  That  if  any  error  in  the  Errors, 
certificate  of  taxables  shall  occur,  where- 
by a  district  shall  receive  more  or  less 
of  the  State  appropriation  than  is  justly 
due  to  said  district,  the  county  commis- 
sioners shall  have  authority,  and  they 
are  hereby  required  immediately  to  for- 
ward to  the  superintendent  a  correct  list 
of  taxables  and  the  superintendent  shall 
thereupon  make  it  the  basis  of  the  appro- 
priation clue  said  district  (c). 

151.  It  is  the  duty  of  the  commissioners 
of  the  respective  counties  to  perform  the 
acts  and  furnish  the  information  required 

(a)  Act  April  17,  1865,  sec.  1,  P.  L. 
page  61. 

(b)  Act  May  8,  1854,  sec.  47,  P.  L.  page 
628. 

(c)  Act  May  8,  1854,  sec.  48,  P.  L.  page 
629. 


216 


SCHOOL  LAWS  AND  DECISIONS 


Prepare  and  for- 
ward blank 
forms. 


Report  to  legis- 
lature. 


by  the  foregoing  sections  of  the  school 
law,  as  plainly  and  imperatively  as  in 
any  other  point  of  their  official  functions. 

CCXXVII.  He  shall  prepare  blank  forms 
for  the  annual  district  reports,  with  suit- 
able instructions  and  forms  for  conduct- 
ing the  various  proceedings  and  details 
of  the  system  in  a  uniform  and  efficient 
manner,  and  forward  the  same  to  the 
county  superintendents,  who  shall  dis- 
tribute them  to  and  among  the  proper 
district  officers  of  their  respective  coun- 
ties  (d). 

CCXXVIII.  He  shall  prepare  and  sub- 
mit to  the  Legislature  an  annual  report, 
containing  a  full  account  »f  the  condi- 
tion of  the  common  school  under  u*ate, 
the  expenditure  of  the  h  the  Superin-  • 
the  year,  estimates  of  Ustf  ^Ums  requi- 
site for  the  ensuing  year,  the  whole  num- 
ber of  pupils,  the  cost  of  teaching  each, 
the  number  of  districts,  plans  for  the 
improvement  of  the  system,  and  all  such 
matters  relating  to  the  concerns  of  com- 
mon   schools,    and    to   the   duties   of   his 

(d)  Act  May  8,  1854,  sec.  46,  P.  L.  page 
628. 


OF  PENNSYLVANIA.  217 

oflice,   as  he  may   deem   it  expedient  to 
communicate  (d). 

CCXXIX.  He  shall  provide  a  seal  Seal- 
with  suitable  device,  for  the  use  of  the 
Department  of  Common  Schools,  by 
Which  copies  of  papers  deposited  or  filed 
therein,  and  all  official  acts  and  deci- 
sions, may  be  authenticated  under  said 
seal;  and,  when  so  authenticated,  shall 
be  evidence  equally  and  in  like  manner 
as  the  originals.  He  may  also  designate 
and  appoint  one  of  the  clerks  employed 
by  him  to  be  his  general  deputy,  who 
may  perform  all  the  duties  of  Superin- 
tendent of  Common  Schools  in  case  of 
his  absence  or  a  vacancy  in  his  office  (e). 

CCXXX.  He  shall    have    the    power  of  May  remote 
removing  any  county  superintendent  for    £endent8uperln" 
neglect  of  duty,  incompetency,  or  immor- 
ality, and  to  appoint  another  in  his  Stead 
until    the    next    triennial    convention    of 
directors  (e). 

County  Superintendents. 
CCXXXI.  That  there  shall  be  chosen  in    Office  of  countv 

superintendent. 

(d)  Act  May  8,  1854,  sec.  46,  P.  L.  page 
628. 

(e)  Act  May  8,  1854,  sec.  46,  P.  L.  page 
628. 


218  SCHOOL  LAWS  AND  DECISIONS 

the  manner  hereinafter  directed,  an  offi- 
cer   for    each    county,    to    be    called    the 
county  superintendent  (f). 
Notice  for  cob-  CCXXXIX  That  until  after  the  election 

vention  of  direc- 

tors-  of   county    superintendents   provided   for 

in  this  act,  it  shall  be  the  duty  of  the 
Superintendent  of  Common  Schools,  by 
publication  at  least  three  suecessive 
weeks,  in  two  newspapers  for  each  coun- 
ty, if  so  many  there  be,  but  if  none  are 
published  in  such  county,  then  by  print- 
ed notices  sent  by  mail  to  the  secretary 
of  each  board  of  directors  of  each  school 
district  in  such  county,  of  the  time  and 
place  for  holding  the  triennial  convention 
of  directors,  who  shall  then  and  there 
assemble,  and  select  a  presiding  officer 
from  one  of  their  number,  and  the  di- 
rectors then  present  shall  proceed  to  the 
election  of  a  county  superintendent,  in 
the  manner  hereinafter  provided.  The 
notice  that  hereafter  shall  be  given  of 
the  assembling  of  the  aforesaid  trien- 
nial convention  shall  be  by  the  county 
superintendent,  in  the  manner  above  pro- 

(f)  Act  May  8,  1854,  sec.  37,  P.  L.  page 
625. 


OF  PENNSYLVANIA.  219 

vided.    All  expenses  of  giving  notices,  di-    Notices,  how 
rected  by  this  section,  shall  be  paid  out    paid" 
of   the   same  funds  as  the  salary  of  the 
county  superintendents  (g). 

CCXXXIII.   That      the      School   directors    Triennial  con- 
vention of  cliree- 

of  the  several  counties  of  the  Common-  tors. 
wealth  shall  meet  in  convention  at  the 
seat  of  justice  of  the  proper  county  on 
the  first  Monday  of  June  next,  and  on  the 
first  Tuesday  of  May,  in  each  third  year 
thereafter,  and  select  viva  voce  by  a  ma- 
jority of  the  whole  number  of  directors 
present,  one  person  of  literary  and  scien- 
tific acquirements  and  of  skill  and  ex- 
perience in  the  art  of  teaching,  as  county 
superintendent  for  three -succeeding  school 
years  (h). 

CCXXXIV.  That  the  salary  of  each  Salaries, 
county  superintendent  of  common 
schools,  elected  according  to  law,  in  the 
year  one  thousand  eight  hundred  and 
seventy-eight,  and  thereafter,  shall  be 
four    dollars    and    fifty    cents     for     each 


(g)  Act  May  8,  1854,  sec.  43,  P.  L.  page 
627. 

(h)  Act  May  8,  1854,  sec.  39,  P.  L.  page 
626;  and  act  March  27,  1866,  sec.  1,  P.  L. 
page  88. 


220  SCHOOL  LAWS  AND  DECISIONS 

school  in  his  jurisdiction  at  the  time  ot 
his  election,  to  be  paid  out  of  the  general 
fund  appropriated     for  common  schools: 
Provided,    That  the  salary  of  the  county 
superintendent  shall  in   no   case  be  less 
than  eight  hundred  dollars  nor  more  than 
two  thousand  dollars  per  annum,  and  in 
counties  with  over  one  hundred  schools 
it   shall   not  be  less  than  one   thousand 
dollars:   And  provided  further,   That  con- 
ventions of  school  directors,  when  assem- 
bled for  the  purposes  of  electing  a  county 
superintendent,   may  vote  him   a   salary 
greater   than   the   amount   he   would   re- 
ceive by  this  act,  such  increase  to  be  in 
all  cases  taken  from  the  school  fund  of 
the    county   thus    voting.       That    in    all 
counties   having   over    two   hundred    and 
ninety  schools,  «r  twelve  hundred  square 
miles  of  territory,  or  a  school  term  ex- 
ceeding seven  and  one-half  months,  the 
salary   of   said    superintendent   shall   not 
be  less  than  fifteen  hundred  dollars  (i). 
Repeal.  CCXXXV.  That    so    much    of    section 

thirty-nine  of  the  act  of  May  eight,  one 
thousand    eight    hundred    and    fifty-four, 

(i)  Act  April  29,  1878,  sec.  1,  P.  L.  page 
33. 


OP  PENNSYLVANIA. 


221 


as  requires  that  a  convention  of  school 
directors  shall  determine  the  compensa- 
tion of  a  county  superintendent,  is  here- 
by repealed,  except  so  far  as  provided 
for  in  this  act  (k). 

Note. — The  minimum  salary  of  a  coun- 
ty superintendent,  provided  by  the  a,ct  of 
1878,  was  increased  to  one  thousand  dol- 
lars by  an  act  approved  May  23,  1893,  P. 
L.  page  121. 

CCXXXV.  That  from  and  after  the 
passage  of  this  act  it  shall  be  unlawful 
for  any  person  holding  the  office  of  coun- 
ty superintendent  of  common  schools  to 
engage  in  the  business  or  profession  of 
teaching  in  any  of  the  schools  of  the 
Commonwealth  unless  it  be  done  without 
any  other  compensation  than  that  paid 
them  as  county  superintendent  (1). 

CCXXXVII.  Any  violation  of  the  provi- 
sions of  this  act  on  the  part  of  any 
county  superintendent  shall  be  deemed  a 
sufficient   cause   for   removal   from   office 


33. 


(1) 


Superintendents 
cannot  receive 
pay  for  teaching. 


Removal. 


24. 


Act  April  29,  1878,  sec.  2,  P.  L.  page 
Act  April  26,  1893,  sec.  1,  P.  L.  page 


222  SCHOOL  LAWS  AND  DECISIONS 

by    the    State    Superintendent    of    Public 
Instruction   (m). 

152.  It  is  illegal  for  a  county  superin- 
tendent to  have  a  pecuniary  interest  in 
a  school  in  his  own  county.  The  Legis- 
lature in  fixing  the  salaries  of  county 
superintendents,  intended  that  they 
should  devote  their  whole  time  to  their 
special  duties.  Besides,  the  preparation 
of  teachers  is  now  sufficiently  provided 
for  by  the  State  normal  schools.  The 
State  pays  the  salaries  of  the  county  su- 
perintendents, and  also  makes  appropria- 
tions to  the  normal  schools;  both  inter- 
ests must  therefore  confine  themselves 
to  their  proper  sphere  and  work  in  har- 
mony. 

153.  Persons  who  will  be  engaged  in 
other  professions,  while  attempting  to 
discharge  the  duties  of  this  office,  should 
not  receive  the  support  of  directors. 
The  qualifications  for  this  office,  without 
which  the  person  elected  cannot  be  com- 
missioned, are  literary  and  scientific  ac- 

(m)  Act  April  26,  1893,  sec.  2,  P.  L.  page 
24. 


OF  PENNSYLVANIA.  223 

quirements,  skill  and  experience  in  the 
art  of  teaching,  and  a  sound  moral  char- 
acter. 

154.  Irreproachable  moral  character  is 
essential,  and  will  not  be  dispensed  with. 
This  is  as  much  a  professional  qualifica- 
tion of  the  teacher  and  of  the  officer  who 
presides  over  teachers,  as  it  is  in  any 
other  profession.  Intemperance,  gamb- 
ling, dishonesty,  or  any  other  immorality 
that  would  degrade  a  minister  of  the 
gospel  from  his  position  will  prevent  the 
issue  of  the  commission  of  county  super- 
intendents. Sufficient  health  and  vigor 
of  the  body  to  bear  the  labors  of  the  of- 
fice are  also  indispensable. 

CCXXXVIII.  That  no  person  shall  Ql]aliflcations. 
hereafter  be  eligible  to  the  office  of 
county,  city  or  borough  superintendent, 
in  any  county  in  this  Commonwealth, 
who  does  not  possess  a  diploma  from  a 
college  legally  empowered  to  grant  lite- 
rary degrees,  a  diploma  or  State  certifi- 
cate issued  according  to  law  by  the  au- 
thorities of  a  State  normal  school,  a 
professional  certificate  from  a  county, 
city  or   borough   superintendent  of  good 


224 


SCHOOL  LAWS  AND  DECISIONS 


Evidence  of 
qualification  to 
be  furnished. 


Commission, 
when  to  be 
issued. 


standing,  issued  at  least  one  year  prior 
to  the  election,  or  a  certificate  of  compe- 
tency from  the  State  superintendent  of 
common  schools,  nor  shall  such  person 
be  eligible  unless  he  has  a  sound  moral 
character,  and  has  had  successful  ex- 
perience in  teaching  within  three  years 
of  the  time  of  his  election:  Provided, 
That  serving  as  county,  city  or  borough 
superintendent  shall  be  deemed  a  suffi- 
cient test  of  qualifications;  and  the  pres- 
ident and  secretary  of  each  convention 
of  school  directors  held  in  any  county, 
city  or  borough  to  elect  a  county,  city  or 
borough  superintendent,  when  certifying 
to  the  superintendent  of  common  schools 
the  name  and  address  of  the  person 
elected  county,  city  or  borough  superin- 
tendent, shall  at  the  same  time  state  the 
kind  and  character  of  the  evidence  upon 
which  said  convention  relied  for  proof 
of  the  eligibility  of  the  person  so  elected; 
and  the  said  Superintendent  of  Common 
Schools  if,  upon  the  examination  of  the 
evidence  presented,  it  shall  prove  to  be 
such  as  is  required  by  this  act,  and  no 
objection  be  made,  in  accordance  with 
section  fourth  of  the  act  approved  April 
seventeenth,  Anno  Domini  one  thousand 
eight  hundred  and  sixty-five,  shall  issue 
a   commission   to  the  person   elected  as 


OF  PENNSYLVANIA.  225 

aforesaid,  as  now  required  by  law;  but 
if,  upon  examination  of  said  evidence  of 
competency,  it  shall  not  prove  to  be  such 
as  is  required  by  this  act,  or  if  objection 
be  made  in  accordance  with  said  section 
of  the  act  approved  April  seventeenth, 
Anno  Domini  one  thousand  eight  hun- 
dred and  sixty-five,  the  said  Superinten- 
dent of  Common  Schools  shall  appoint 
two  competent  persons,  himself  being  the 
third,  to  examine  the  person  so  elected 
county,  city  or  borough  superintendent; 
and  if,  upon  examination,  he  be  found 
duly  qualified  for  the  office,  the  said  Su- 
perintendent of  Common  Schools  shall 
issue  to  him  the  usual  commission;  but 
if  not,  the  said  Superintendent  of  Com- 
mon Schools  shall  proceed  in  like  man-  proceeding  in 
ner  in  respect  to  the  person  receiving 
the  next  highest  number  of  votes  in  the 
convention  of  directors,  who,  if  found 
qualified,  shall  receive  the  commission 
aforesaid  as  county,  city  or  borough  su- 
perintendent; but  if  his  qualifications 
are  also  found  insufficient,  the  said  Su- 
perintendent of  Common  Schools  shall  ap- 
point, with  the  advice  and  consent,  of  the 
Governor  of  the  Commonwealth,  some 
other  person  with  the  required  qualifica- 
tiors,  county,  city  or  borough  superin- 
15 


case  of  objection. 


226 


SCHOOL  LAWS  AN'D  DECISIONS 


Election  in  new 
counties. 


Name  and  address 
of  county  super 
intendent  to  be 
certified 


tendent  for  the  ensuing  term  of  such  of- 
fice (n). 

CCXXXIX.  That  where  new  counties 
have  been  or  may  hereafter  be  created, 
under  the  provisions  of  the  act  approved 
April  seventeenth,  one  thousand  eight 
hundred  and  seventy-eight,  it  shall  be 
the  duty  of  the  school  directors  of  said 
new  county  to  meet  in  convention  at  the 
county  seat  in  said  county,  on  the  first 
Tuesday  of  May  succeeding  the  erection 
of  said  county,  and  elect  a  suitable  per- 
son to  fill  the  office  of  superintendent,  of 
common  schools  of  said  county,  in  ac- 
cordance with  the  general  laws  of  this 
Commonwealth  relating  thereto,  to  serve 
until  the  end  of  the  school  year  in  which 
the  next  triennial  convention  of  sichool 
directors  shall  be  held,  for  the  purpose 
of  electing  a  county  superintendent  in 
accordance  with  existing  laws  of  this 
Commonwealth    (o). 

CCXL.  Thrt  it  shall  be  the  duty 
of  the  president  and  secretary  of  the  tri- 
ennial convention  of  directors,  to  certify 


(n)  Act  April  9,  1867,  sec.  13,  P.  L. 
page  56. 

(o)  Act  April  25,  1879,  sec.  1.  P.  L. 
page  32. 


OF  PENNSYLVANIA.  227 

to  the  Superintendent  of  Common  Schools 
the  name  and  postoffice  address  of  the 
person  elected  county  superintendent  in 
pursuance  of  the  provisions  of  the  act 
of  May  eight,  one  thousand  eight  hun- 
dred and  fifty-four,  and  those  of  all  the 
other  candidates  who  received  votes,  to- 
gether with  the  amount  of  compensation 
fixed  upon  by  said  convention;  upon  the 
receipt  of  such  certificate,  if  no  valid  ob- 
jection be  received  within  thirty  days 
after  the  day  of  election,  the  Superin- 
tendent   of   Common   Schools   shall    com-    when  commission 

to  issue. 

mission  the  person  so  elected,  for  the 
term  of  three  years;  but  if  objection  to 
issuing  such  commission  be  made  within 
thirty  days,  and  such  objections  be 
signed,  among  others,  by  a  majority  of 
the  members  of  not  less  than  one-fifth  of 
all  the  school  boards  in  the  county,  from 
which  such  objections  are  received,  and 
certified  to,  under  oath  or  affirmation  by 
at  least  three  of  the  signers,  the  Superin- 
tendent of  Common  Schools  may  require 
such  evidence,  under  oath  or  affirmation, 
in  regard  to  the  legality  of  the  election 
and  the  qualification  of  the  person  elect- 
ed county  superintendent,  as  he  shall 
deem  necessary,  and  then  shall  issue  the 
commission  to  the  person  properly  qual- 


228  SCHOOL  LAWS  AND  DECISIONS 

ified,  who  received  the  greatest  number 
"  of  votes,  and  the  Superintendent  of  Com- 
mon  Schools,   when   engaged   in   the   in- 

Proceedings  in        vestigation  of  objections,  filed  against  the 
case  of  objection.     .        .  „  . 

issuing  of  commissions  to  county  super- 
intendents, shall  have  power  to  issue 
subpoenas  and  administer  oaths;  and 
any  person  refusing  or  neglecting  to  at- 
tend, and  give  evidence  of  such  investi- 
gation, when  legally  subpoenaed,  shall 
be  liable  to  the  same  fines  and  penalties 
as  if  he  had  refused  to  appear  and  give 
evidence  in  the  court  of  record,  and  the 
cost  to  be  paid  by  the  parties  subpoena- 
ing the  witnesses  (p). 

155.  The  objections  must  either  relate 
to  the  legality  and  validity  of  the  elec- 
tion, or  to  the  qualifications  of  the  can- 
didate. The  establishment  by  proof  of 
a  valid  objection  of  either  kind,  will  pre- 
vent the  issuing  of  a  commission. 

156.  Objections  grounded  on  the  dis- 
qualification of  the  person  selected,  are 
want  of  residence;  want  of  moral  char- 
acter;  want  of  physical  ability  to  dis- 
charge the  duties  of  the  office;  want  of 
learning,  and  want  of  professional  skill. 

(p)  Act  April  16,  1865,  sec.  4,  P.  L.,  p.  63. 


office. 


OF  PENNSYLVANIA.  229 

157.  Objections  to  be  investigated  by 
the  superintendent  must  be  signed  by  at 
least  four  members  of  one-fifth  of  the 
boards  of  directors  of  the  county  and 
shall  also  be  signed  by  other  citizens. 

CCXLI.  That  every  person  selected  or  to  take  oath  of 
appointed  county  superintendent  of  com- 
mon schools  shall,  before  entering  upon 
the  duties  of  his  office,  take  an  oath  or 
affirmation,  before  any  judge  of  the  court 
of  common  pleas  of  the  proper  county, 
or  before  the  Superintendent  of  Common 
Schools,  who  is  hereby  authorized  to  ad- 
minister the  same,  that  he  will  perform 
all  the  duties  of  county  superintendent, 
during  his  term  of  office,  honestly,  im- 
partially, diligently,  and  according  to 
law  to  the  best  of  his  skill  and  ability: 
which  said  oath  or  affirmation,  being 
subscribed  by  said  county  superintendent 
and  attested  by  said  judge  or  State  Su- 
perintendent, shall  be  filed  in  the  Depart- 
ment of  Common  Schools  (q). 

158.  A  superintendent  cannot  legally 
perform  any  official  act  until  sworn  into 


(q)    Act   April    11,   1862,    sec.    14,    P.    L. 
page  475. 


230 


SCHOOL  LAWS  AN'D  DECISIONS 


Shall  visit  the 
schools. 


See  that  certain 
branches  are 
taught. 


office  by  the  proper  authority.  A  copy 
of  the  oath  must  be  filed  in  the  office  of 
the  prothonotary,  and  a  copy  forwarded 
to  the  Department  of  Public  Instruction. 
(See  form  in  Appendix.) 

CCXLII.  It  shall  be  the  duty  of  the 
county  superintendent  to  visit,  as  often 
as  practicable,  the  several  schools  of 
his  county,  and  to  note  the  course  and 
method  of  instruction,  and  branches 
taught,  and  to  give  such  directions  in 
the  art  of  teaching  and  the  method  tnere- 
of,  in  each  school,  as  to  him,  (together 
with  the  directors  and  controllers),  shall 
be  deemed  expedient  and  necessary;  so 
that  each  school  shall  be  equal  to  the 
grade  for  which  it  was  established,  and 
that  there  may  be,  as  far  as  practicable, 
uniformity  in  the  course  of  studies  in 
schools  of  the  several  grades  respec- 
tively (r). 

CCXLIII.  That  it  shall  be  the  duty  of 
each  county  superintendent  to  see  that 
in  every  district  there  shall  be  taught  or- 
thography, reading,  writing,  English 
grammar,  geography  and  arithmetic,  as 
well  as  such  other  branches  as  the  board 


(r)  Act  May  8,  1854,  sec.  37,  P.  L.  p.  625. 


OF  PENNSYLVANIA. 


231 


of   directors   or   controllers   may   require. 
In  case  the  board  of  directors  or  control     Hi8  duty  on  fnll. 
lers  shall  fail  to  provide  competent  teach-    ^tp°e»™tvide 
era  to  teach  the  several  branches  above    teachers, 
specified,  it  shall  be  the  duty  of  the  coun- 
ty superintendent  to  notify  the  boar'd  of 
directors    or    controllers,    in    writing,    of 
their    neglect,    and    in    case   provision    is 
not    made    forthwith     for     teaching     the 
branches   aforesaid,   to   report  such   facts 
to       the      Superintendent      of     Common 
Schools,  whose  duty  it  shall  be  to  with- 
hold any  warrant  for  the  quota  of  such    state  appropria- 
tion to  be  with 
district    of    the    annual    State    appropria-    held. 

tion,  until  the  county  superintendent 
shall  notify  him  that  competent  teachers 
of  the  branches  aforesaid  have  been  em- 
ployed. And  in  case  of  neglect  or  re- 
fusal of  the  board  of  directors  or  con- 
trollers to  employ  such  competent  teach- 
ers as  aforesaid,  for  one  month  after 
such  notification  by  the  county  superin- 
tendent that  such  teachers  have  not  been 
provided,  such  district  shall  forfeit  ab- 
solutely its  whole  quota  of  the  State  ap- 
propriation  for   that  year   (s). 

CCXLIV.  That    after     the    passage     of   Qualification  of 
this  act,    no    teacher    in    this    Common- 


Is)  Act  May  8,  1854,  sec.  38.  P.  L.  p.  625. 


232  SCHOOL  LAWS  AND  DECISIONS 

wealth  shall  receive  from  a  county,  city 
or  borough  superintendent,  a  certificate, 
as  a  teacher,  who  has  not  a  fair  know- 
ledge of  orthography,  reading,  writing, 
geography,  English  grammar,  mental 
and  written  arithmetic,  history  of  the 
United  States,  and  the  theory  of  teaching, 
nor  shall  such  certificate  be  given  to  any 
person  who  is  in  the  habit  of  using,  as  a 
Persons  of  intem-  beverage,  any  intoxicating  drinks;  and 
t.?rbet)icnenls"d.not  all  certificates  given  to  teachers  shall  set 
forth  the  branches  in  which  those  hold- 
ing them  have  been  found  proficient,  and 
indicate,  by  suitable  marks,  the  degree 
of  that  proficiency  (t). 
Physiology  nD<i  CCXLV.  That  physiology  and  hygiene, 

iaugme mU8tbe  wnicn  sna11'  in  each  division  of  the  sub- 
ject so  pursued,  include  special  refer- 
ence to  the  effect  of  alcoholic  drinks 
and  stimulants  and  narcotics  upon  the 
human  system,  shall  be  included  in  the 
branches  of  study  now  required  by  law 
to  be  taught  in  the  common  schools,  and 
shall  be  introduced  and  studied  as  a  reg- 
ular branch  by  all  pupils  in  all  depart- 
ments of  the  public  schools  of  the  Com- 
monwealth, and  in  all  educational  insti- 


(t)  Act  April  9,  1867,  sec.  11,  P.  L.  p.  55. 


OF  PENNSYLVANIA. 


233 


tutions  supported   wholly  or  in  part  by 
money  from  the  Commonwealth  (v). 

CCXLVI.  It  shall  be  the  duty  of  coun- 
ty, city,  borough  superintendents,  and 
boards  of  all  educational  institutions  re- 
ceiving aid  from  the  Commonwealth,  to 
report  to  the  Superintendent  of  Public 
Instruction  any  failure  or  neglect  on  the 
part  of  boards  of  school  directors,  Doards 
of  school  controllers,  boards  of  education, 
and  boards  of  educational  institutions  re- 
ceiving aid  from  the  Commonwealth,  to 
make  proper  provision  in  any  and  all  of 
the  schools  or  districts  under  their  jur- 
isdiction for  instruction  in  physiology 
and  hygiene  which,  in  each  division  of 
the  subjedt  so  pursued,  gives  special  ref- 
erence to  the  effects  of  alcoholic  arinks, 
stimulants,  and  narcotics  upon  the  hu- 
man system  as  required  by  this  act;  and 
such  failures  on  the  part  of  directors, 
controllers,  boards  of  education,  and 
boards  of  educational  institutions  receiv- 
ing money  from  the  Commonwealth  thus 
reported  or  otherwise  satisfactorily 
proven,  shall  be  deemed  sufficient  cause 
for  withholding  the  warrant  for  State 
appropriation   of  school  money  to  which 


Superintendent 
to  report  neglect 
of  duty. 


Appropriation  to 
be  withheld. 


fv)  Act  Apil  2,  1885,  sec.  1,  P.  L.  p.  7. 
15* 


234  SCHOOL  LAWS  AND  DECISIONS 

such    district    or    educational    institution 
would  otherwise  be  entitled  (w). 

Teachers  must  be  CCXLVII.  No  certificate  shall  be  grant- 
examined  in  ed  any  person  to  teach  in  the  public 
hygiene.  schools  of  the  Commonwealth  or  in  any 
of  the  educational  institutions  receiving 
money  from  the  Commonwealth,  after  the 
first  Monday  of  June,  Anno  Domini  one 
thousand  eight  hundred  and  eighty-six, 
who  has  not  passed  a  satisfactory  exami- 
nation in  physiology  and  hygiene,  with 
special  reference  to  the  effects  of  alco- 
holic drinks,  stimulants,  and  narcotics 
upon  the  human  system  (x). 

159.  Regular  daily  instruction  must  be 
given  in  physiology  and  hygiene  the 
same  as  in  other  legal  branches  of  study, 
otherwise  the  law  authorizing  and  re- 
quiring the  introduction  and  study  of  this 
branch  will  not  be  fairly  .complied  w' 

160.  Oral  instruction,  from  the  neces- 
sity of  the  case,  may  be  given  by  the 
teachers  in  charge  of  the  primary  grades 
of  the  schools  in  which  the  children  are 
too  young  to  make  profitable  use  of  text 


(w)  Act  April  2.  1885,  sec.  2,  P.  L.  p.  7. 
(x)  Act  April  2,  1885,  sec.  3.  P.  L.  p.  7. 


OF  PENNSYLVANIA.  230 

books  on  the  subject.  But  suitable 
books,  properly  adapted  to  the  age  and 
comprehension  of  the  pupil  must  be 
studied  by  all  scholars  who  are  capable 
of  learning  in  this  way. 

161.  The  subject  must  be  systematic- 
ally studied  as  well  as  taught,  which  can- 
not be  done  successfully  without  text- 
books in  the  hands  of  the  scholars.  The 
proper  preparation  of  the  lessons  as- 
signed to  the  pupils  in  the  daily  exercise 
of  the  schools  makes  the  use  of  text- 
books absolutely  necessary,  even  if  the 
law  did  not  peremptorily  require  thei:- 
general  introduction  as  it  does  in  this  in- 
stance. 

162.  It  is  the  duty  of  directors  and  con- 
trollers to  see  that  the  provisions  of  the 
law  are  fully  complied  with  in  all  depart- 
ments of  the  schools  under  their  official 
jurisdiction,  and  in  the  performance  of 
this  duty  they  ought  to  have  the  hearty 
co-operation  of  the  patrons  of  the 
schools. 

163.  It  is  the  manifest  intention  of  the 


236  SCHOOL  LAWS  AND  DECISIONS 

school  law  to  give  every  child  in  the 
State  of  proper  age  an  opportunity  of  at- 
tending school  at  least  six  months  in 
each  year.  If  the  direc'tors  refuse  or 
neglect  to  afford  such  opportunity,  they 
may  be  removed  from  office. 

164.  The  selection  of  books  is  left  en- 
tirely to  the  directors,  with  the  advice 
of  the  teachers.  Superintendents,  if 
asked,  may  freely  express  their  opinion 
of  a  book,  but  in  no  manner  encourage 
its  introduction  or  employment  in  the 
schools  as  a  text-book.  No  written  rec- 
ommendation, designed  to  introduce  par- 
ticular books,  charts,  maps  or  any  other 
article  of  school  supplies  into  the  com- 
mon schools  should  ever  be  given  by  a 
superintendent. 

vacancies,  bow  CCXLVIII.  That  all  vacancies  in  the  of- 

nlled-  fice    of    county    superintendent    shall    be 

filled  by  ithe  appointment  of  the  Superin- 
tendent of  Common  Schools,  until  the 
next  triennial  convention  of  directors, 
when    any    existing    vacancies    shall    bf' 


OF  PENNSYLVANIA.  237 

filled  by  election  in  the  usual  manner  for 
the  full  term  of  three  years  (y). 

165.  Removal  from  the  office  of  county 
superintendent  will  take  place  for  'neg- 
lect of  duty,  incompetency  or  immoral- 
ity," but  in  all  cases  the  charge  must  be 
in  writing  and  be  sustained  by  proof  at 
a  hearing,  after  full  notice  to  the  accused 
party. 

CCXLIX.  That  from  and  after  the  0ffice  for  county 
passage  of  this  act  it  shall  be  the  duty  superintendent, 
of  the  county  commissioners  of  each 
county  in  this  Commonwealth,  and  they 
are  hereby  authorized  and  required  to 
provide,  furnish  and  maintain,  fit  and 
suitable  office  rooms,  at  the  respective 
county  seats  of  said  counties,  for  the  use 
of  the  county  superintendents  of  schools 
in  all  the  counties  of  the  Commonwealth, 
anld  the  said  county  commissioners  shall 
also  provide,  furnish  and  maintain  safe 
and  suitable  storage,  in  connection  with 
such  office  rooms,  for  the  preservation 
and  safe  keeping  of  the  school  records, 
books  and  documents  pertaining  to  such 
offices  (z). 

(y)  Act  May  8,  1854,  sec.  44,  P.  L.  p.  627. 
(z)  Act  June  8,  1891,  sec.  1,  P.  L.  p.  228. 


238 


SCHOOL  LAWS  AND  DECISIONS 


Pennsylvania 
School  Journal 
official  organ. 


A  copy  to  be  sent 
to  each  board. 


CCL.  That  the  "Pennsylvania  School 
Journal"  shall  be  recognized  as  the 
official  organ  of  the  Department  of 
Common  Schools  of  this  Commonwealth, 
in  which  the  current  decisions  made  by 
the  Superintendent  of  Common  schools 
shall  be  published  free  of  charge,  to- 
gether with  all  official  circulars,  and 
such  other  letters  of  explanation  and  in- 
struction as  he  may  find  it  necessary  or 
advisable  to  issue  from  time  to  time,  in- 
cluding his  annual  report;  and  the  Su- 
perintendent is  hereby  authorized  to 
subscribe  for  one  copy  of  said  "School 
Journal,"  to  be  sent  to  each  board  of 
school  directors  in  the  State,  for  public 
use,  and  charge  the  cost  thereof  to  the 
contingent  expenses  of  the  Department 
of  Common  Schools  (a). 

166.  The  appropriation  acts  of  late  years, 
instead  of  authorizing  a  subscription  to 
the  "School  Journal,"  name  a  specified 
sum  that  shall  be  at  the  disposal  of  the 
State  Superintendent  for  the  purpose  of 
"publishing  and  circulating  among  the 
school  officers  of  the  State  the  official  deci- 
sions and  instructions  of  the  Department." 

(a)  Act  May  8,  1855,  sec.  9,  P.  L.  p.  511. 


OF  PENNSYLVANIA. 


This    appropriation    is     equivalent    to    a 
subscription,    as   these   decisions   and   in 
structions  are  required  by  Law  to  be  pub- 
lished in  the  "Journal." 

167.  The  Journal  is  the  official  organ 
of.  the  Department  of  Public  Instruction, 
and  the  decisions,  advices,  explanations, 
construction  and  information,  with  the 
instructions  and  forms  published  in  the 
official  department  of  it,  are  of  equal  au- 
thority and  force  as  if  they  were  con- 
tained in  this  digest. 

168.  The  copy  sent  to  the  secretary  of 
each  district  at  the  cost  of  the  State  is 
:o  be  laid  before  the  board  at  the  next 
meeting  after  its  receipt,  and  the  file  thus 
received  is  to  be  preserved  by  the  secre- 
tary and  handed  to  his  successor. 

169.  Each  board  has  the  right  to  sub- 
scribe for  one  copy  of  the  "Journal"  for 
each  member,  at  the  cost  of  the  district, 
as  a  means  of  information  in  relation  to 
the  duties  of  their  offices,  and  the  gen- 
eral condition  and  operations  of  the  sys- 
tem in  other  parts  of  the  State. 


240 


SCHOOL  LAWS  AND  DECISIONS 


Elimination  of 
teachers. 


May  annul  certi- 
ficates. 


CCLI.  That  it  shall  be  the  duty  of 
the  county  superintendent  to  examine 
all  the  candidates  for  the  profession  of 
teacher  (in  the  presence  of  the  board  of 
directors  or  controllers,  should  they  de- 
sire to  be  present,  to  whom  they  shall 
first  apply  in  his  county),  and  to  give 
each  person  found  qualified  a  certificate, 
setting  forth  the  branches  of  learning 
he  or  she  is  capable  of  teaching;  and 
such  examination  and  certificate  shall  be 
renewed  as  often  as  any  such  teachers 
shall  be  employed  in  teaching  any  branch 
of  learning  other  than  those  enumerated 
in  his  or  her  certificate;  and  no  teacher 
shall  be  employed  in  any  school  to  teach 
other  branches  than  those  set  forth  in 
such  certificate  of  said  teacher:  Provided, 
That  the  county  superintendent  may  an- 
nul any  such  certificate  given  by  him  or 
his  predecessor  in  office,  when  he  shall 
think  proper,  giving  at  least  ten  days' 
previous  notice  thereof,  in  writing,  to  the 
teacher  holding  it,  and  to  the  directors 
and  controllers  of  the  district  in  which 
he  or  she  may  be  employed  (b). 

170.  An  examination  of  the  teachers  of 


(b)  Act  May  8,  1854,  sec.  41,  P.  L.  p.  626. 


OF  PENNSYLVANIA.  241 

a  county  in  a  body,  or  of  those  several 
districts  at  one  time,  without  the  formal 
consent  of  all  the  directors  concerned,  is 
clearly  contrary  to  law.  The  presence 
of  the  directors  of  the  district  in  which 
the  examination  is  held,  or  an  oppor- 
tunity by  notice  to  be  present,  is  in  all 
cases  indispensable.  Superintendents 
cannot  therefore  examine  applicants  for 
certificates  in  districts  or  counties  where 
they  have  no  official  jurisdiction. 

171.  Applicants  of  known  or  proved  im- 
moral habits  are  not  to  be  examined  at 
all,  no  matter  what  their  literary  or  pro- 
fessional claims.  The  examination  of 
persons  to  whom  no  certificate  could 
issue,  would  be  but  a  waste  of  time. 

172.  Certificates  of  any  class  grantert 
by  a  county  superintendent  may  be  an- 
nulled by  him,  but  only  for  cause.  The 
same  causes  that  justify  a  board  of  di- 
rectors in  discharging  a  teacher  should 
be  the  rule  with  the  county  superinten- 
dent.    These   are   incompetency,    cruelty, 

negligence   and    immorality.     And   there 
16 


242  SCHOOL  LAWS  AND  DECISIONS 

should  be  a  charge  and  a  hearing  in  all 
cases,  unless  the  facts  are  personally 
and  officially  known  to  the  superinten- 
dent. 

173.  Dismissal  from  the  profession 
should  not  take  place,  except  for  some 
cause  known  or  proved  to  the  satisfac- 
tion of  the  county  superintendent.  The 
words  of  the  law,  taken  literally,  confer 
the  arbitrary  power  without  reason  as- 
signed, or  hearing.  But  no  person  fit 
for  that  responsible  office  will  attempt 
to  exercise  it  in  such  manner.  If  the 
cause  become  officially  known  to  the 
county  officer  in  the  discharge  of  duty, 
neither  charge  formally  made  nor  hear- 
ing are  required.  But  if  not  so  known, 
the  icharge  is  to  be  preferred  in  writing, 
due  notice  of  it  given,  and  a  full  hearing 
conceded. 

174.  Public  notice  of  the  annulment  of 
a  certificate  should  be  given,  unless  the 
holder  voluntarily  gives  it  up  to  the 
county  superintendent,  on  the  decision  of 
the  case  against  him.     This  notice,  or  the 


OF  PENNSYLVANIA.  243 

resignation  of  ithe  certificate,  is  neces- 
sary to  prevent  the  party  from  obtaining 
employment  elsewhere;  and  a  teacher 
with  an  annulled  certificate  is  to  be  forth- 
with dismissed  from  the  school. 

175.  Intemperance,  dishonesty,  or  other 
immorality  is  sufficient  to  justify  the  an- 
nulment of  a  certificate  by  a  county  su- 
perintendent. He  is  not  merely  to  annul 
for  want  of  professional  knowledge.  A 
good  moral  character  is  as  much  a  requi- 
site of  the  teacher  as  literary  attain- 
ments. 

CCLII.  That  the  county  superintendent  Annual  report  of 
shall  annually  on  or  before  the  first  tendentsUperin_ 
Monday  in  June,  forward  to  the  Superin- 
tendent of  Common  Schools  the  reports 
of  the  several  school  districts  of  their  re- 
spective counties,  and  shall  also  them- 
selves make  an  extended  report  of  the 
condition  of  the  schools  under  their 
charge,  suggesting  such  improvements  in 
the  school  system  as  they  may  deem  use- 
ful, and  giving  such  other  information 
in  regard  to  the  practical  operation  of 
common   schools,   and   the  laws  relating 


244  SCHOOL  LAWS  AND  DECISIONS 

thereto,  as  may  be  deemed  of  public  in- 
terest (c). 

176.  The  annual  reports  of  the  districts 
and  the  six  months'  certificates  are  to  be 
forwarded  to  the  proper  county  superin- 
tendent, and  after  being  found  to  be  cor- 
rect, are  to  be  marked  "approved,"  signed 
by  him,  and  forwarded  to  the  Depart- 
ment of  Public  Instruction.  If  not  cor- 
rect, they  are  to  be  returned  by  him  to 
the  proper  board  'to  be  made  so,  and  then 
forwarded. 

177.  The  annual  report  required  by  law 
is  to  be  prepared  and  signed  by  the  old 
officers  of  the  hoard,  and  they  are  also 
to  make  affidavit  to  the  facts  necessary 
to  secure  the  State  appropriation.  Thes*i 
documents  are  then  to  be  placed  in  the 
hands  of  the  new  board,  to  receive  the 
names  and  addresses  of  the  officers,  and 
be  transmitted  to  the  county  superinten- 
dent. 

178.  All  the  district  reports  must  be  on 
file  in  the  Department  of  Public  Instruc- 


(c)  Act  May  8,  1854,  sec.  42,  P.  L.  p.  627. 


OF  PENNSYLVANIA.  245 

ti'on   by   the   fifteenth   of   July   annually. 
If  detained  beyond  that  time,  the  delay 
causes    very    serious     embarrassment    in 
the  operations  of  this  Department. 
COLIII.  That  the  county  superintendent   can  teachers' 

institute. 

of  each  county  in  this  Commonwealth 
is  hereby  authorized  and  required,  once 
in  each  year,  at  such  time  and  place  as 
he  or  a  properly  authorized  committee  of 
teachers  acting  with  him,  may  deem 
most  convenient,  to  call  upon  and  invite 
the  teachers  of  the  common  schools,  and 
other  institutions  of  learning  in  his  coun- 
ty, to  assemble  together  and  organize 
themselves  into  a  teachers'  institute,  to 
be  devoted  to  the  improvement  of  teach- 
ers in  the  science  and  art  of  education, 
to  continue  in  session  at  least  five  days, 
including  a  half  day  for  going  to  and  a 
half  day  for  reiturning  from  the  place  of 
meeting  of  the  said  institute,  and  to  be 
presided  over  by  the  county  superinten- 
dent, or  by  some  one  designated  by  him, 
and  be  subject  in  its  general  manage- 
ment to  his  control  (d). 

CCLrlV.  That  each   county   superinten-   Calling  of  roil, 
dent,  upon  the  assembling  of  the  teach- 
ers' institute  of  his  county,  shall  cause  a 

(d)  Act  April  9,  1867,  sec.  2,  P.  L.  p.  52. 


246  SCHOOL  LAWS  AND  DECISIONS 

roll  of  members  to  be  prepared,  which 
roll  shall  be  called  at  least  twice  every 
day  during  the  session  of  the  institute, 
and  all  absentees  to  be  carefully  marked, 
and  from  which,  upon  the  adjournment 
of  the  institute,  he  shall  ascertain  the 
exact  number  of  teachers  who  were  in 
attendance,  and  the  length  of  time  each 
attended;  and,  upon  the  presentation  of 
a  certificate,  at  the  close  of  the  session 
of  each  annual  institute,  setting  fortb 
these  facts,  and  signed  by  the  county  su- 
perintendent, to  the  treasurer  of  the 
proper  county,  he  is  hereby  authorized 
county  treasurer  and  required  to  pay  immediately,  out  of 
to  pay  a  certain  any  money  in  the  county  treasury  not 
otherwise  appropriated  to  the  county 
superintendent,  one  dollar  for  every 
three  days  spent  by  the  teachers 
of  the  county  in  attendance  at  the  in- 
stitute for  that  year,  or  so  much  of  it  as 
may  be  needed;  such  money  to  be  ex- 
pended by  the  county  superintendent  im 
procuring  the  services  of  lecturers  and 
instructors  for  the  institute,  and  in  pro- 
viding the  necessary  apparatus,  books 
Proviso.  and  stationery  for  carrying  on  its  work: 

Provided,  That  the  amount  which  may 
he  drawn  from  the  county  treasury  shall, 
in  no  case  be  more  than  two  hundred 
dollars,    but   may    in   all    cases,    be   sixty 


OF  PENNSYLVANIA.  247 

dollars;  if  it  shall  appear,  from  the 
vouchers  presented  by  the  county  super- 
intendent to  the  county  auditors,  as  re- 
quired by  the  fourth  section  of  this  act, 
that  this  sum  has  been  actually  expend- 
ed for  the  purposes  herein  specified  (e). 

CCLV.  That  all  boards  of  school  di-  pawfor'attend- 
rectors  and  boards  of  controllers  shall  be  ance- 
and  are  hereby  authorized  and  required 
to  pay  the  teachers  employed  in  the  pub- 
lic schools  of  the  several  districts,  with- 
in their  jurisdiction,  for  attendance  upon 
the  sessions  of  the  annual  county  insti- 
tutes, in  the  respective  counties  (f). 

CCLVI.  Compensation    for  institute  at-    Compensation. 

how  computed. 

tendance  shall  be  based  on  the  official  re- 
ports made  to  the  several  boards  of  di- 
rectors or  controllers,  by  the  proper 
county,  city  or  borough  superintendent, 
who  shall  report  the  daily  attendance  of 
teachers  to  the  respective  boards  by 
which  they  are  employed,  and  such  com- 
pensation shall  be  allowed  by  the  direc- 
tors or  controllers,  and  paid  by  the  dis- 
trict treasurer  to  the  teachers  entitled 
to  receive  the  same  (g). 

CCLVII.  Compensation,    as   herein    au-    How  much, 
thorized,  shall   not  be  less  than   the  per 


le)  Act  April  9,  1867,  sec.  3,  P.  L.  p.  52. 
ff)  Act  April  13,  1887,  sec.  1.  P.  L.  p.  20. 
(g)  Act  April  13,  1887,  sec.  2,  P.  L.  p.  21. 


248 


SCHOOL  LAWS  AND  DECISIONS 


School  month. 


When  school 
shall  not  be  open 


Cities  and  bor- 
oughs having  not 
less  than  fifty 
teachers  may 
hold  separate 
institute. 


diem  pay  for  actual  teaching:  Provided, 
That  it  shall  not,  in  any  case,  exceed 
two  dollars  per  diem,  and  shall  be  al- 
lowed and  paid  to  the  teachers,  in  their 
respective  districts,  for  each  day's  at- 
tendance, reported  as  aforesaid,  by  the 
proper  superintendent:  And  provided 
further,  That  a  common  school  month 
shall  consist  of  twenty  days'  actual 
teaching,  as  now  required  by  law  (h). 

179.  Neither  boards  nor  teachers  have 
a  legal  right  to  make  contracts  which  are 
not  in  accordance  with  the  provisions  of 
this  act. 

CCLVI.  That  a  common  school  month 
shall  hereafter  consist  of  twenty  days' 
actual  teaching,  and  no  school  shall  be 
kept  open  in  any  district,  for  the  purpose 
of  ordinary  instruction,  on  any  Saturday, 
or  on  any  legal  holiday,  or  in  any  county 
during  the  (time  of  holding  the  annual 
county  institute  therein  (i). 

CCLIX.  That  it  shall  be  lawful  for  the 
board  of  school  directors  or  controllers 
of  any  city  or  borough,  which  has  elected 
a    superintendent    and    employs    not   less 

(h)  Act  April  13,  1887,  sec.  3,  P.  L.  p.  21. 
(i)  Act  June  25,  1885,  sec.  1,  P.  L.  p.  176. 


OF  PENNSYLVANIA.  249 


than  seventy-five  teachers,  by  resolution 
at  any  stated  meeting  and  duly  recorded, 
to  authorize  the  holding  of  a  separate 
annual  teachers'  institute  for  said  city 
or  'borough,  and  in  all  matters  pertaining 
to  the  holding  of  institutes  shall  be  in 
no  wise  subject  to  the  authority  and  jur- 
isdiction of  the  superintendent  of  the 
schools  of  the  county  in  which  said  city 
or  borough  is  located;  and,  when  the 
holding  of  said  separate  annual  institute 
shall  have  been  so  authorized  as  afore- 
said, the  superintendent  of  the  schools 
of  said  city  or  borough  shall  have  power 
to  call  a  teachers'  institute,  and  to  draw 
from  the  county  treasury  moneys  for  the 
support  of  the  same,  in  like  manner  and 
to  the  same  extent  as  the  county  super- 
intendents of  this  Commonwealth  are 
now  empowered  to  do,  and  the  said  an- 
nual institute  shall  have  power  to  elect 
a  committee  on  permanent  certificates  in 
and  for  said  city  or  borough,  as  county 
institutes  are  now  empowered  to  do  for 
their  respective  counties   (k). 

Note.— Act  June  28,  1895,  P.  L.  p.  415, 
changes  seventy-five  to  fifty  as  the  mini- 

(k)  Act  May  24,  1887,  sec.  1,  P.  L.  p.  196. 


250 


SCHOOL  LAWS  AN'D  DECISIONS 


Must  tile  institute 
account. 


Must  report  to 
State  Superin- 
tendent. 


mum    number    of   'teachers    required    for 

separate  institute. 

CCLX.  That  each  county  superin- 
tendent who  may  draw  money  from  the 
county  treasury  for  the  purposes  named 
in  this  act,  shall  file  his  account  of  all 
expenditures  under  the  act,  in  the  office 
of  the  county  treasurer,  with  vouchers 
for  the  same,  which  shall  be  examined 
by  the  auditors  of  the  county  in  like 
manner  as  other  county  expenditures; 
and  any  misapplication  of  funds  shall  be 
published  in  the  same  manner  as  col- 
lectors of  State  and  county  taxes  for  like 
offenses  are  now  punished  (1). 

CCLXI.  That  all  county  superinten- 
dents, upon  Ithe  adjournment  of  the 
teachers'  institutes  held  in  their  respec- 
tive counties  are  hereby  required  to  re- 
port to  the  Superintendent  of  Common 
Schools  the  number  of  teachers  in  at- 
tendance, the  names  of  the  lecturers  or 
instructors  who  officiated,  the  subjects 
upon  which  the  instruction  was  given, 
and  the  degree  of  popular  interest  awak- 
ened by  the  proceedings  (m). 

180.  County     superintendents     are     re- 


el) Act  April  9,  1867,  sec.  4,  P.  L.  p.  53. 
(m)  Act  April  9,  1867,  sec.  5,  P.  L.  p.  53. 


Grades  of  certi- 
ficates. 


OF  PENNSYLVANIA. 

quired  to  forward  to  the  Department  of 
Public  Instruction  a  report  of  the  annual 
county  institute,  setting  forth  in  detail 
the  items  called  for  by  the-  form  pre- 
scribed by  the  Superintendent  of  Public 
Instruction. 

CCLXII.  County,  city  and  borough  su- 
perintendents shall  issue  two  grades  of 
teachers'  certificates  one  of  which  shall 
be  called  a  provisional  certificate,  and 
shall  be  given  to  applicants  possessing  a 
fair  knowledge  of  the  branches  named 
in  section  eleven,  or  to  those  who,  pos- 
sessing a  thorough  knowledge  of  the 
branches,  have  little  or  no  experience'  in 
teaching,  and  shall  license  the  holder  to 
teach  in  the  county,  city  or  borough 
where  issued  for  one  year,  and  which 
shall  not  be  renewed,  without  a  re-exam- 
ination; and  the  other  shall  be  called  a 
professional  certificate,  and  shall  be 
given  only  to  those  who  possess  a  thor-  certificate 
ough  knowledge  of  the  branches  above 
named,  and  who  have  had  successful  ex- 
perience in  teaching,  and  shall  license 
the  holder  to  teach  tin  the  county,  city  or 
borough  where  issued,  during  the  official 
term  of  the  county,  city  or  borough  su- 
perintendents issuing  it,  and  for  one  year 
thereafter:    Provided,    That  all  so-called    Proviso 


251 


Professional 


252  SCHOOL  LAWS  AND  DECISIONS 

professional  certificates  heretofore  issued 
oy  any  county,  city  or  borough  superin- 
tendent, shall  cease  to  be  valid  on  the 
first  Monday  of  June,  one  thousand  eight 
hundred  and  sixty-eight,  except  those  is- 
sued since  the  first  Monday  of  June,  one 
thousand  eight  hundred  and  sixty- 
six,  which  certificates  shall  be  valid 
as  long  as  others  issued  during 
the     present      term      of      the      superin- 

Proviso.  tendency:     Provided,     That   any    profes 

sional  certificate  may  be  renewed  by  a 
county,  city  or  borough  superintendent 
without  re-examination,  after  having 
fully  satisfied  himself  by  personal  ob- 
servation in  his  or  her  school,  of  the 
competency  and  skill  as  a  teacher  of  the 
person  holding  it:  Provided  further,  That 
the  State  Superintendent  of  Common 
Schools  shall  cause  to  be  prepared  a  new 
grade  of  teachers'  certificate,  to  be  called 

Permanent certi-  a  permanent  certificate,  which  shall  be 
granted  by  him  to  practical  teachers  hold- 
ing  professional    certificates,    upon     the 

Recommendation    recommendation   of  the  board  or   boards 

by  boards  of  di-  .  .  ,  , 

rectors.  of    directors,    in    whose    employment   the 

applicant  shall  have  taught  for  the  three 
preceding  annual  school  terms,  which 
shall  be  countersigned  by  the  proper 
county,  city  or  borough  superintendent 
in   office   when   the   application   shall   be 


OF  PENNSYLVANIA.  253 

made    and    approved,    after    examination, 
if  they  deem  it  necessary,  by  a  commit- 
tee of  five  teachers,  a  part  of  whom  may 
be    females,    holding    permanent    certifi-  . 
cates,  if  there  be  so  many  holding  such 
certificates;  but  if  there  be  none  or  not  suf- 
ficient number  of  that  grade  of  teachers, 
the  committee  shall  be  constituted  wholly 
or  in  pant,  as  the  case  may  be,  of  teach- 
ers    holding      professional     certificates;* 
said  committee  to  be  elected  by  ballot  by 
the    members    of  the   teachers'   institute, 
at    its    annual     session,    from    the    same 
county,  city  or  borough  in  which  the  ap- 
plicant resides  at  the  time  of  making  the 
application;    and  such  permanent  certifi- 
cate shall   continue  to   be  valid   in  such 
^onntv.  city  or  borough,  unless  forfeited 
according  to  the  provisions  of  this  act; 
and  shall  also  entitle  the  holder  to  teach 
one  year  in  any  other  county,  city  or  bor- 
ough in  this  Commonwealth,  without  re- 
examination, at  the  end  of  which  time  it 
may  be  endorsed  by  the  proper  county,    May  be  indorsed, 
city  or  borough  superintendent,  if,  from 
personal  knowledge,  he  deem  it  worthily 
held,  and  it  shall  then  confer  upon  the 
holder  the  same  rank  and  privileges  as 
in  the  county,  city  or  borough  where  is- 
sued;    and    such     permanent     certificate 
shall    only    be    annulled    upon    complaint 


254  SCHOOL  LAWS  AND  DECISIONS 

duly  proven  of  incompetency,  cruelty, 
negligence  or  immorality  made  to  the 
State  Superintendent  of  Common  Sohools, 
by  a  county,  city  or  borough  superinten- 
dent, and  a  committee  of  teachers  elected 
and  constituted  as  aforesaid  (n). 

*Note. — See  sec.  CCLXIV, which  provides 

that  committee  shall  be  appointed  by  the 

Superintendent  of  Public  Instruction. 

181.  A  provisional  certificate  is  valid 
for  one  year  from  the  date  of  issue  in  the 
county,  city  or  borough  in  which  it  was 
granted.  It  cannot  be  renewed  withou: 
a  re-examination  of  itfhe  holder,  and  can- 
not be  made  valid  in  any  other  county, 
city  or  borough  by  the  official  endorse- 
ment of  a  superintendent  therein. 
Examinations  for       CCLXIII.  That    all    examinations     for 

permanent  cer- 
tificates, permanent  certificates  for  teachers  in  the 

common  schools,  shall  be  by  written 
questions  and  answers;  and  in  case  the 
examination  of  the  applicant  is  satisfac- 
tory to  the  committee  of  teachers  on  per- 
manent certificates,  the  list  of  questions 
and  answers,  with  all  other  papers  ac- 
companying the  application,  shall  be  for- 


(n)  Act  April  9,  1867,  sec.  12,  P.  L.  p.  55. 


OF  PENNSYLVANIA. 


255 


warded  to  the  Department  of  Public  In- 
struction, and  if  approved  by  the  Super- 
intendent of  Public  Instruction,  he  shall 
issue  and  forward  to  the  applicant  a  per- 
manent certificate  in  accordance  with  the 
recommendation  made  by  the  committee, 
as  now  required  by  law:  Provided,  That 
the  questions  shall  be  answered  imme- 
diately and  in  the  presence  of  the  com- 
mittee (o). 

CCLXIV.  That  so  much  of  an  act  ap- 
proved the  ninth  day  of  April,  Anno 
Domini  one  thousand  eight  hundred  and 
sixty-seven,  and  entitled  "A  further  sup- 
plement to  an  act  for  the  regulation  and 
maintenance  of  a  system  of  education  by 
common  schools,"  approved  the  eighth 
day  of  May,  Anno  Domini  one  thousand 
eight  hundred  and  fifty-four,  which  reads 
as  follows: 

"That  the  State  Superintendent  of  Com-    Fart  of  section  v>, 

„   ,        ,         .     „  ,  .     actof  April'.).  1867. 

mon   Schools  shall  cause  to  be  prepared    cited  for  amend- 
a  new  grade  of  teacher's  certificate,  to  be    ment" 
called     a    permanent     certificate,    which 
shall    be    granted    by    him     to     practical 
teachers  holding  professional  certificates, 
upon   the  recommendation  of  the  board, 
or  boards,  of  directors,  in  whose  employ 
ment  the  applicant  shall  have  taught  for 


Co)  Act  June  22,  1883,  sec.  1,  P.  L.  p.  15t?, 


256  SCHOOL  LAWS  AND  DECISIONS 

the  three  preceding  annual  school  terms, 
which  shall  be  countersigned  oy  the 
proper  county,  city,  or  borough,  superin- 
tendent, in  office  when  the  application 
shall  be  made  and  approved,  after  exam- 
ination, if  they  deem  it  necessary,  by  a 
committee  of  five  teachers,  a  part  of 
whom  may  be  females,  holding  perma- 
nent certificates,  if  there  be  so  many 
holding  such  certificates;  but  if  there 
be  none,  or  not  sufficient  number,  of  that 
grade  of  teachers,  the  committee  shall  be 
constituted  wholly  or  'in  part,  as  the  case 
may  be,  of  teachers  holding  professional 
certificates;  said  committee  to  be  elected 
by  ballot,  by  the  members. of  the  teach- 
ers' institute,  at  its  annual  session,  from 
the  same  county,  city  or  borough,  in 
which  the  applicant  resides,  at  the  time 
of  making  the  application;  and  such  per- 
manent certificate  shall  continue  to  bo 
valid,  in  such  county,  city,  or  borough. 
unless  forfeited,  according  to  the  provi- 
sions of  this  act,  and  shall,  also,  entitle 
the  holder  to  teach  one  year,  in  anv 
ofher  county,  city,  or  borough,  in  this 
Commonwealth,  without  re-examination- 
at  the  end  of  which  time  it  may  be  en- 
dorsed by  the  proper  county,  city  or  bor- 
ough   superintendent,    if,    from    personal 


OF  PENNSYLVANIA. 


257 


knowledge,  he  deem  it  worthily  held, 
and  it  shall  then  confer  upon  tho  holder 
the  same  rank  and  privileges,  as  in  the 
county,  city  or  borough,  where  issued ; 
and  such  pe  manent  certificate  shall  only 
be  annulled  upon  complaint,  duly  proven, 
of  incompetency,  cruelty,  negligence,  or 
immorality,  made  to  the  State  Superin- 
tendent of  Common  Schools,  by  a  county, 
city  or  borough  superintendent,  and  a 
committee  of  teachers  elected  and  consti- 
tuted as  aforesaid,"  shall  be  amended  to 
read  as  follows: 

That  the  Superintendent  of  Public  In- 
struction shall  cause  to  be  prepared  a 
new  grade  of  teacher's  certificate  to  be 
railed  a  permanent  certificate,  which 
shall  be  granted  by  him  to  practical 
teachers  holding  professional  cprtificate^ 
upon  the  recommendation  of  the  board  or 
boards  of  directors  in  whose  employment 
the  applicant  shall  have  taught  for  the 
three  preceding  annual  school  terms, 
which  shall  be  countersigned  by  the 
proper  county,  city  or  borough  superin- 
tendent in  office  when  the  application 
shall  be  made,  and  approved,  after  exam- 
ination, by  a  committee  for  each  county 
or  city  in  case  a  separate  teachers'  an- 
nual institute  is  held  therein,  which  com- 
17 


Permanent  certi- 
ficates. 


How  and  to  whom 
granted. 


Examination  by 
committee. 


258 


SCHOOL  LAWS  AND  DECISIONS 


Validity  of  certi- 
ficates. 


Members  of  com-  mittee  shall  consist  of  three  practical 
appointment!611,  teachers  holding  a  valid  teachers'  cer- 
tificate, who  shall  be  appointed  and  com- 
missioned as  examiners  for  a  term  of 
three  years  by  the  Superintendent  of 
Public  Instruction,  and  who  shall  be  sup- 
ject  to  removal  by  him  at  any  time,  and 
such  permanent  certificate  shall  continue- 
to  be  valid  in  such  county,  city  or  bor- 
ough unless  forfeited  according  to  the 
provisions  of  this  act,  and  shall  also  en- 
title the  holder  to  teach  one  year  in  anv 
other  county,  city  or  borough  in  this 
Commonwealth,  without  a'e-examination. 
at  the  end  of  which  time  it  may  be  en- 
dorsed by  the  proper  county,  city  or  bor- 
ough superintendent,  if,  from  persona', 
knowledge,  he  deem  it  worthily  held, 
and  it  shall  then  confer  upon  the  holder 
the  same  rank  and  privileges  as  in  the 
county,  city  or  borough  where  issued, 
and  such  permanent  certificate  shall  only 
be  annulled  upon  complaint,  duly  proven, 
of  incompetency,  cruelty,  negligence  or 
immorality  made  to  the  State  Superin- 
tendent of  Common  Schools  by  a  county, 
city  or  borough  superintendent  and  a 
committee  of  teachers  elected  and  con- 
stituted as  aforesaid  (p). 


Endorsements. 


Certificate  may 
be  annulled. 


(p)  Act  June  28,  1895,  sec.  1,  P.  L.  p.  417. 


OF  PENNSYLVANIA.  259 

CCLXV.  That     all     acts     or     parts    of    Kepeai. 
acts    inconsistent    herewith    be    and    the 
same  are  hereby  repealed  (q). 

182.  No  committee  on  teachers'  certifi- 
cates should  consent  to  investigate  the 
case  of  an  applicant  until  a  recommenda- 
tion in  his  favor,  signed  by  the  proper 
directors  and  county  superintendent,  in 
the  form  required  by  this  Department,  is 
presented  to  them.  No  teacher  can  mak<- 
legal  application  for  a  permanent  certifi- 
cate who  has  not  taught  "the  three  pre- 
ceding annual  school  terms  in  the  public 
schools  of  this  Commonwealth." 

183.  Any  teacher  desiring  to  apply  tc 
the  State  Superintendent  far  a  perma- 
nent certificate  should  procure  from  the 
county  superintendent,  and  fill  up,  the 
necessary  blanks,  and  present  them  to 
the  proper  authorities  for  their  action 
and  signatures.  They  should  first  be 
presented  to  the  board  or  boards  of  di- 
rectors, next  to  the  county  superinten- 
dent,  and   afterwards   to   the   committee 


(q)  Act  June  28,  1895,  sec.  2,  P.  L.  p.  418. 


260  SCHOOL  LAWS  AND  DECISIONS 

on  teachers'  certificates.     Teachers  of  pri- 
vate   schools     cannot    obtain     permanent 
certificates,  and  are  not  eligible  to  mem- 
bership on  the  committee. 

184.  Applications  for  permanent  certifi- 
cates must  be  approved  by  the  county 
superintendents  of  all  the  counties  in 
which  the  applicant  taught  for  three 
years  immediately  preceding  the  time  of 
making  such  application.  For  instance, 
if  a  teacher  during  'this  time  should  have 
taught  in  two  counties,  he  must  have 
the  signatures  of  both  county  superin- 
tendents to  his  application;  if  he  has 
taught  under  the  supervision  of  three  su- 
perintendenlts,  whether  of  county,  city  or 
borough,  the  application  must  be  ap- 
proved by  the  several  superintendents. 

CCLXVI.  That  after  the  passage  of 
^at°eStheachreerC^ive  this  act  the  State  Superintendent  of  Pub- 
certiflcates.  j}c    instruction     be     empowered   to,    ani 

shall  grant,  without  examination,  per- 
manent State  teachers'  certificates  to  all 
applicants  therefor  who  are  graduates  of 
recognized  literary  or  scientific  colleges 
legally  empowered  to  confer  the  degrees 
cf  Bachelor  of  Arts  (B.  A.),  Master  of  Arts 


OF  PENNSYLVANIA.  261 

(M.  A.),  Bachelor  of  Science  (B  S..), 
Master  of  Science  and  Bachelor  of  Phi- 
losophy (Ph.  B.),  and  whose  course  of 
study  embraces  not  less  than  four  col- 
legiate years:  Provided,  Said  applicants  conditions, 
are  at  least  twenty-one  years  of  age  ami 
have  taught  at  least  three  full  annual 
te.'ins  in  the  public  schools  of  the  Com- 
monwealth: Provided,  further,  That  each 
applicant  shall  produce  to  the  said  Stale 
Superintendent  of  Public  Instruction  a 
certificate  from  the  school  board  or 
boards,  countersigned  by  the  county  su- 
perintendsnt  of  the  same  county  where 
he  or  she  last  taught,  showing  that  the 
said  applicant  is  a  person  of  good  moral 
character,  has  been  successful  as  a 
teacher  in  the  public  schools  during  said 
term:  And  provided  further,  That  said 
certificates  shall  be  granted  by  the  State 
Superintendent  of  Public  Instruction 
after  having  received  satisfactory  evi- 
dence from  the  said  applicants  that  they 
have  complied  with  the  requirements  of 
this  acIL  (r). 
COLXVII.    Thai:  the  forms  of  application    Powers  of  super- 

,     ,,   ,  ,  ,  .  intendentof 

shall  be  submitted  by  applicants,  and  tha    Public  instruc- 


tion. 


(r)  Act   of  May   10,   1893,   sec.    1,    P.    L. 
page  39. 


262 


SCHOOL  LAWS  AND  DECISIONS 


certificates  to  be  issued  in  accordance 
with  the  provisions  of  this  act  shall  be 
prescribed  and  determined  by  the  Super- 
intendent of  Public  Instruction,  and  he 
shall  have  authority  to  annul  such  cer- 
tificate granted  by  himself  or  predeces- 
sors in  office  upon  complaint,  duly 
proven,  of  incompetency,  cruelty,  negli- 
gence or  immorality  on  the  part  of  the 
holder   thereof   (s). 

CITY    AND    BOROUGH     SUPERINTEN- 
DENTS. 

LndTow^hip*;11"  CCLXVIII.  That  the  school  directors  of 
popuifuun1  may  anv  city  or  borough  in  this  Commonwealth, 
dents8uperinten  having  a  population  of  over  five  (t)  thou- 
sand inhabitants,  may  on  the  first  Tues- 
day of  May,  one  thousand  eight  hundred 
and  sixty-nine,  and  every  third  year 
thereafter,  elect,  viva  voce,  by  a  major- 
ity of  the  whole  number  of  directors 
present,  one  person  of  literary  and  scien- 
tific acquirements  and  skill  and  exper- 
ience in  the  art  of  teaching,  as4  city  or 
borough  superintendent,  for  the  three 
succeeding  school  years,  and  the  said 
school     directors     shall     determine     the 

(s)   Act  of  May  10,   1893,   sec.   2,   P.   L. 
page  40. 

ft)  Act  June  10,  18S1,  sec.  1.  P.  L.  p.  97. 


OF  PENNSYLVANIA.  263 

amount  of  compensation  for  said  city  or 
borough  superintendent,  which  compen- 
sation shall  be  paid  by  the  same  officers 
as  pay  the  salaries  of  teachers  in  sueh 
school  district,  and  in  the  same  manner 
as  such  salaries  are  now  paid:  Provided,  Proviso 
That  nothing  in  this  act  shall  prevent 
the  directors  of  any  city  or  borough  from 
electing  a  superintendent  to  serve  from 
the  time  of  the  election  until  the  com- 
mencement of  ithe  school  year  one  thou- 
sand eight  hundred  and  sixty-nine,  from 
filling  a  vacancy,  should  any  occur,  for 
the  unexpired  term  of  said  office:  Pro-  proviso 
vided  also,  That  the  president  of  the 
board  of  directors  or  controllers  of  any 
city  or  borough  in  this  Commonwealth 
shall,  at  any  time  after  the  passage  of 
this  act,  if  so  requested  in  writing  by 
seven  directors  or  controllers,  call  a  con- 
vention, giving  at  least  five  days'  notice- 
thereof  to  all  the  directors  of  said  city  or 
borough,  to  determine  whether  they  will 
elect  a  city  or  borough  superintendent  in 
accordance  with  Ithe  provisions  of  this 
act;  and  if,  at  such  meeting,  it  shall  be 
decided  to  hold  such  an  election,  the  said 
directors  shall  again  convene  at  the  time  ., 

appointed  by  this  section  of  this  act,  or 
at  any  other  'time,  in  accordance  with  its 


264 


SCHOOL  LAWS  AND  DECISIONS 


Certifying  to  elec- 
tion. 


Commission. 


provisions,  and  at  a  place  fixed  upon  by 
themselves,  when  they  shall  proceed  to 
carry  their  determination  into  effect  in 
the  same  manner  as  is  done  by  conven- 
tions held  for  the  election  of  county  su- 
perintendents; and  all  subsequent  con- 
ventions for  carrying  into  effect  the  pur- 
poses of  this  act  shall  be  called  in  tht 
same  manner  by  said  president  of  the 
board  of  directors  or  controllers  of  sucb 
city  or   borough   (v). 

CCLXIX.  That  it  shall  be  the  duty  of 
the  president  and  secretary  of  the  meet- 
ing of  the  directors  of  any  city  or  bor- 
ough at  which  a  city  or  borough  supei- 
intenden't  has  been  elected,  to  certify  to 
the  Superintendent  of  Common  Schools 
the  name  and  address  of  the  person 
elected  city  or  borough  superintendent 
in  pursuance  of  the  provisions  of  this 
act,  and  those  of  all  other  candidates 
who  received  votes,  toge'ther  with  the 
amount  of  compensation  fixed  upon  by 
said  directors;  upon  the  receipt  of  such 
certificate,  if  no  valid  objection  be  re- 
ceived within  thirty  days  after  the  day 
of  election,  the  Superintendent  of  Com- 
mon Schools  shall  commission  the  per- 
son so  elected  for  the  term  for  which  h* 


(v)  Act  April  9,  1867.  sec.  7,  P.  L   p.  53 


OF  PENNSYLVANIA. 


265 


was  elected;  but  if  abjections  to  issuing 
such  commission  be  made  within  thirly 
days,  the  Superintendent  of  Common 
Schools  shall  proceed  with  the  like  power 
and  in  like  manner  as  he  is  now  re- 
quired to  do  where  objections  are  made- 
against  issuing  commissions  to  persons 
claiming  to  be  elected  county  superin- 
tendent   (w). 

CCLXX.  That  from  and  after  the 
appointment  of  a  city  or  borough  super- 
intendent in  any  city  or  borough  in  this 
Commonwealth,  and  the  proper  notifica- 
tion of  the  Superintendent  of  Common 
Schools  of  the  fact,  such  city  or  borougb 
shall  not  be  subject  to  the  authority  and 
jurisdiction  of  the  county  superintendent 
of  the  county  in  which  such  city  or  bor- 
ough is  located,  except  that  in  the  mabtf.r 
of  holding  the  annual  teachers'  institutes, 
as  provided  by  sections  second,  thira, 
fourth  and  fifth  of  this  act,  in  which  the 
city  or  borough  superintendent  shall  co- 
operate; nor  shall  the  directors  of  such 
city  or  borough  vote  at  any  election  for 
county   superintendents   (x). 

CCLXXI.    It    shall   be    the   duty   of   all 
city  or  borough  superintendents  'to  take 


Not  to  be  subject 
to  authority  of 
county  superin- 
tendent 


Duties  of  super- 
intendents. 


(w)  Act  April  9,  1867,  sac.  8,  P.  L.  p.  54. 
(x)  Act  April  9,  1867,  sec  9,  P.  L.  p.  54. 

17* 


266 


SCHOOL  LAWS  AND  DECISIONS 


Make  annual  re- 
port and  attend 
meetings. 


a  similar  oath  or  affirmation  to  that  now 
required  of  county  superintendents,  to 
perform,  within  the  limits  of  their  sev- 
eral jurisdictions,  all  the  duties  now  b> 
law  enjoined  upon  coun'ty  superinten- 
dents, and  to  discharge  such  other  duties 
as  the  by-laws,  rules  and  regulations  of 
the  respective  boards  of  directors  may  re- 
quire; and  it  shall  be  their  further  duty, 
in  addition  to  an  annual  report,  to  report 
monthly  to  the  Department  of  Common 
Schools,  such  facts  relating  to  their 
work  and  the  condition  of  the  schools 
under  their  charge  as  may  be  required 
by  the  Superintendent  of  Common 
Schools,  and  to  attend  meetings  of  su- 
perintendents called  by  said  Superinten- 
dent of  Common   Schools  (y). 

Note.— Act  of  May  7,  1885,  sec.  1,  P.  L. 
page  15,  extends  privileges  of  above  act 
to  townships  having  over  five  thousand 
inhabitants. 


Norm  il  school 
districts. 


STATE  NORMAL  SCHOOLS. 
CCLXXII.  That  for  the  purposes  of  the 
following  act,  the  counties  of  Delaware. 
Chester,  Bucks  and  Montgomery  shnll 
form  the  firs"  normal  school  district; 
Lancaster,  York  and  Lebanon  the  second; 


fy)  Act  April  9,  1867.  sec.  10,  P.  L.  p.  55. 


OF  PENNSYLVANIA.  267 

Berks,  Schuylkill  and  Lehigh  the  third; 
Northampton,  Carbon,  Monroe,  Pike.  Lu- 
zerne and  Wayne  the  fourth;  Wyoming. 
Sullivan,  Susquehanna,  Bradford,  Ly- 
coming and  Tioga  the  fifth;  Dauphin, 
Northumberland,  Columbia,  Montour, 
Union,  Snyder,  Perry,  Juniata  and  Mif 
flin  the  sixth;  Cumberland,  Adams, 
Franklin,  Fulton,  Bedford,  Huntingdon 
and  Blair  the  seventh;  Centre,  Clinton, 
Clearfield,  Elk,  Potter,  McKean,  Jeffer- 
son, Clarion,  Forest  and  Warren  thQ 
eighth;  Cambria,  Indiana,  Armstrong 
and  Westmoreland  the  ninth;  Washing- 
ton, Fayette,  Greene  and  Somerset,  the 
tenth;  Allegheny,  Butler  and  Beaver  the 
eleventh,  and  Lawrence,  Mercer.  Ven- 
ango, Crawford  and  Erie  the  twelfth  (z). 

CCLXXIII.  That  the  Eighth  Normal  Thirteenth dis 
s:-hool  district  of  this  Commonwealth,  as  tr  ct' 
provided  by  section  one  of  the  act  of 
May  twentieth,  one  thousand  eight  hun- 
dred and  fifty-seven,  be  and  the  same  is 
hereby  divided,  and  from  this  date  the 
said  Eighth  Normal  school  district  shall 
consist  of  the  counties  of  Centre.  Clin- 
ton, Clearfield.  Elk,  Potter  and  Cameron, 
and  the  counties  of  Jefferson.  Clarion, 
Forest,  Warren  and  McKean  shall  consti- 


(z)  Act  May  20,  1S57,  sec.  1,  P.  L.  p.  581. 


268 


SCHOOL  LAWS  AND  DECISIONS 

tute  (the  Thirteenth  district,  and  all  laws 
or  parts  of  laws  inconsistent  herewith 
be  and  they  are  hereby  repealed  (a). 

Establishment  of  Schools. 


Establishment  of 
normal  schools. 


Board  of  trustees. 


CCLXXIV.  That  when  any  number  of 
citizens  of  this  State,  not  less  than  thir- 
teen, shall,  as  contributors  or  stockhold- 
ers, erect  and  establish  a  school  for  the> 
professional  training  of  young  men  and 
women  as  teachers  for  the  common 
schools  of  the  State,  in  accordance  with 
the  provisions  of  this  act,  such  school 
may  become  entitled  to  its  benefits,  in 
the  manner  hereinafter  set  fourth:  Pro- 
vided however,  That  not  more  than  one 
such  school  shall,  at  the  same  time,  be- 
come and  continue  to  be,  entitled  to  such 
benefits  in  each  of  the  foregoing  normal 
school  districts,  and  that  this  ad!;  shall 
not  take  effect  till  at  least  four  such 
schools,  in  as  many  different  districts, 
shall  have  complied  and  been  recognized 
in  accordance  with  the  provisions  of  this 
act  (b). 

CCLXXV.  That  the  pecuniary  affairs 
of  each  of  said  schools  shall  be  managed 


(a)  Act  May  8,  1874,  sec.  1,  P.  L.  p.  120. 

(b)  Adt  May  20,  1857,  sec.  2,  P.  L.  p.  5S1. 


OP  PENNSYLVANIA. 


269 


and  the  general  control  exercised,  by  a 
board  of  trustees  (whose  officers  shall  be 
a  president  and  secretary  who  shall,  and 
a  treasurer  who  shall  not,  be  members 
of  said  board),  to  be  chosen  by  the  con- 
tributors or  stockholders  on  the  first  Mon- 
day of  May,  annually;  but  no  contribu- 
tor or  stockholder  shall  have  more  than 
five  votes  at  the  election  of  trustees;  and  Votes 
no  religious  test  or  qualification  shall  b^ 
required  to  entitle  any  one  to  became  a 
contributor,  stockholder,  trustee,  pro- 
fessor, or  student  in  any  of  said 
schools  (c). 

OCLXXVI.  That  the  pecuniary  and 
other  affairs  of  each  State  Normal  school 
shall  be  managed  by  a  board  of  eighteen 
trustees,  twelve  elected  by  the  contribu- 
tors or  stockholders,  and  six  appointed 
by  the  Superintendent  of  Public  Instruc- 
tion (d). 

CCLXXVII.    That     the     trustees     On     the     TruMees  repre- 
senting stock- 
part  of  the   contr.butors  or  stockholders    holders. 

shall  be  elected  from  their  own  number, 
at  a  meeting  to  be  held  on  the  first  Mon- 
day in  May,  annually  (e). 


Number  of  trus- 
tees, to  beeiecte.l 
and  appointed 


(c)  Act  May  20,  1857,  sec.  3,  P.  L.  p.  582. 

(d)  Act  April  12, 1875,  sec.  1,  P.  L.  p.  43. 

(e)  Act  April  12,  1875,  sec.  2,  P.  L.  p.  43. 


270 


SCHOOL  LAWS  AND  DECISIONS 


State  trustees. 


Trustees,  how 
elected  and  ap- 
pointed. 


CCLXXVIII.  That  the  contributors  or 
stockholders  shall,  at  the  annual  meet- 
ing, select  and  nominate,  to  the  Superin- 
tendent of  Public  Instruction,  twice  as 
many  persons  as  are  to  be  appointed, 
from  whom,  if  satisfactory  to  him,  he 
shall  appoint  the  required  number,  to  act 
in  the  board  as  trustees  on  the  part  of 
the  State;  but  if  the  nominations  bc 
made  be  not  satisfactory  to  the  said  Su- 
perintendent of  Public  Instruction,  hs 
shall,  with  the  advice  and  consent  of  the 
Governor,  choose  others  deemed  more 
suitable  (f). 

CCLXXIX.  That  the  first  annual  meet- 
ing after  the  passage  of  this  act  of  the 
contributors  or  stockholders  of  all  nor- 
mal schools  now  acting  as  State  institu- 
tions, and  at  a  meeting  of  the  contribu- 
tors or  stockholders  of  all  normal  school 
associations  applying  to  the  proper  au- 
thorities for  recognition  as  State  normal 
schools,  twelve  persons  shall  be  elected 
trustees  on  the  part  of  such  contributors 
or  stockholders,  four  to  serve  for  one 
year,  four  for  two  years,  four  for  'three 
years,  and  thereafter  only  four  persons 
are  to  be  elected  annually,  to  serve  for 
three  years;    and  at  the  ^ame  time,  said 


(f)  Act  April  12,  1875,  sec.  3,  P.  L.  p.  43. 


OF  PENNSYLVANIA.  271 

meetings  of  contributors  or  stockholders 
shall  nominate  twelve  persons  to  the  Su- 
perintendent of  Public  Instruction,  froci 
whom,  if  satisfactory,  or  if  not,  as  here- 
inbefore directed,  he  shall  appoint  two 
trustees  to  serve  for  one  year,  two  for  Tern)  of  service, 
two  years,  two  for  three  years;  the  nom- 
inations for  all  subsequent  years  being 
limited  to  four,  and  the  appointment  of 
two  to  serve  for  three  years  (g). 

CCLXXX.  That  seven  trustees  shall  Quorum. 
be  necessary  to  constitute  a  quorum  to 
do  business;  and  that  after  the  approval 
provided  for  in  section  seventh  of  the  act 
of  one  thousand  eight  hundred  and  fifty- 
seven,  all  changes  in  by-laws  and  rules 
for  regulating  the  proceedings  of  th*-; 
board  must  be  approved  by  the  Superin-    Approval  of 

,  „   „    ...      T  ,.  ,,  ■  superintendent. 

tendent  of  Public  Instruction  (hj. 

CCLXXXI.  That  the  powers  and  priv-  a  three-fourtbs 
ileges  of  the  two  classes  of  trustees  in  the 
board  shall  be  the  same;  bu't  it  shall  re- 
quire a  three-fourths  vote  of  all  the  trus- 
tees present  at  any  meeting  of  the  board 
to  pass  any  motion  or  resolution  on  which 
the  yeas  and  nays  are  called  (i). 

CCLXXXII.  That  so  much  of  the  sixth    Above  section 

modified. 


(g)  Act  April  12,  1875,  sec.  4,  P.  L.  p.  43. 
(h)  Act  April  12,  1875,  sec.  5,  P.  L.  p.  43. 
(i)  Act  April  12,  1875,  sec.  6,  P.  L.  p.  43. 


272  SCHOOL  LAWS  AND  DECISIONS 

section  of  the  act  to  which  this  is  a  sup- 
plement, as  provides  that  it  shall  require 
a  three-fourths  vote  of  all  the  trustees 
present  at  any  meeting  of  the  board  to 
pass  any  motion  or  resolution  on  which  the 
yeas  and  nays  are  called,  be  and  the 
same  is  hereby  repealed,  except  so  far 
as  relates  to  any  motion  or  resolution  for 
the  sale  of  real  estate  belonging  to  the 
corporation,  or  for  the  purchase  of  any 
real  estate  by  the  corporation,  or  for 
creating  any  lien  on  said  real  estate  by 
payment  or  mortgage,  or  for  the  expendi- 
ture of  moneys  appropriated  by  the  State 
where  such  expenditure  is  not  specifically 
designated  by  law,  or  for  the  surrender 
of  the  franchises  of  the  corporation: 
Provided,  That  at  any  such  meeting  a 
majority  of  the  whole  board  of  trustees 
be  present  (k). 
Moneys,  how  dis-       CCLXXXIII.    That  all  State  appropra- 

tribnted.  , 

tions  made  directly  to  normal  schools 
shall  be  distributed  through  a  commission, 
consisting  of  the  Governor,  the  Superin- 
tendent of  Public  Instruction,  and  the 
Attorney  General,  on  such  conditions  as 
shall  protect  the  interests  of  the  State, 
and  to  do  exact  and  equal  justice  to  the 
several    school's;     and .  the    conditions    of 


(k)  Act  March  24,  1877,  sec.  1.  P.L.  p.  27. 


OF  PENNSYLVANIA.  273 

all    such    appropriations,    when    made    Lo 
aid  students  in  becoming  'teachers,  shall 
be  fixed  by  the  law  making  them  (1). 
CCLXXXIV.  That   no  institution   shall    indebtedness 

limited. 

hereafter  be  recognized  as  a  State  normal 
school  with  an  indebtedness  exceeding 
one-third  of  the  value  of  the  property  be- 
longing thereto,  nor  without  beine  fullv 
provided  with  buildings,  furniture  and 
apparatus,  as  the  law  requires  (m). 
CCLXXXV.     That  in  case  the  real  es-    state  may  pur- 

chase  In  certain 

tate  of  any  State  normal  school,  upon  oases. 
which  the  State  has  a  lien  or  liens  by 
mortgage,  shall  be  exposed  to  sale  by 
judicial  process,  it  shall  be  lawful  for 
the  Governor,  Superintendent  of  Public- 
Instruction  and  Attorney  General,  or  a 
majority  of  them,  if  in  their  opinion  thf 
interests  of  the  State  will  thereby  be 
promoted,  to  cause  a  bid  or  bids  to  be 
made  on  behalf  of  the  State  at  any  such 
sale,  for  such  sum  or  sums  of  money  as 
may  in  their  judgment  be  necessary  to 
secure  and  protect  the  interests  of  the 
Common wealtb,  the  ti'tle,  in  case  the 
property  shall  be  s'truck  down  at  their 
bid,  to  be  taken  in  the  name  of  the  Com- 

(1)  Act  April  12,  1875,  sec.  7,  P.  L.  p.  43. 
(m)  Act  April  12,  1875,  sec.  8,  P.  L.  p.  44. 
18 


274 


SCHOOL  LAWS  AND  DECISIONS 


When  real  estate 
has  been  sold. 


Money  to  meet 
bids  of  State 
officers. 


monwealth:  Provided,  That  in  no  case 
shall  such  bid  or  bids  exceed  the  amount 
of  said  lien  or  liens,  together  with  prior 
liens,  if  any  such  exist  (n). 

CCLXXXVI.  In  case  any  real  estate 
shall  at  any  such  sale  be  struck  down  on 
the  bid  of  the  officers  aforesaid,  chev 
shall  make  return  of  their  action  in  the 
premises  to  the  Auditor  General  who 
upon  passing  the  account,  shall  give  a 
certificate  of  the  fact  and  amount  pay- 
able out  of  any  appropriation  made  or 
to  be  made  for  that  purpose  (o). 

CCLXXXVII.  There  shall  be  and  hereby 
is  appropriated,  to  be  paid  out  of  any 
moneys  in  the  treasury  not  otherwise 
appropriated,  such  sum  or  sums  as  may 
be  required  to  meet  the  bids  of  said  offi- 
cers, upon  the  amount  being  returned  to 
and  passed  by  the  Auditor  General  as 
aforesaid    (p). 


Gifts  and  be- 
quests. 


Gifts  and  Bequests. 

CCLXXXVIII.  That  after  the  said  schools 
shall  have  been  recognized  under  the 
provisions  of  this  act  it  shall  be  lawful 
for  them  to  receive,  hold  and  uPe,  under 


(n)  Act  June  4,  1879,  sec.  1,  P.  L.  p.  89. 
(o)  Act  June  4,  1879,  sec.  2,  P.  L.  p.  89. 
(p)  Act  June  4,  1879,  sec.  3,  P.  L.  p.  89. 


OF  PENNSYLVANIA.  27 

the  direction  of  their  trustees  as  afore- 
said, any  devise,  bequest,  gift,  grant,  or 
endowment  of  property,  whether  '•eal  cr 
personal,  which  may  be  made  to  them; 
and  the  same  shall  be  so  applied  by  tbe 
trustees  as  shall,  in  the  opinion  of  a  ma- 
jority of  them,  increase  the  efficiency 
and  usefulness  of  the  said  schools,  sub- 
ject, however,  to  any  terms,  conditions 
or  restrictions  which  may  be  attached  to 
such  devise,  bequest,  gift,  grant  or  en- 
dowment not  inconsistent  with  the  spirit 
and  purposes  of  this  act;  and  the  said 
trustees  shall  have  authority  to  bring 
suit  in  their  name  as  trustees,  and  to  do 
all  other  things  necessary  for  tbe  recov- 
ery, use  and  application  of  the  same  (q). 

Annual  Report  by  Trustees. 

CCLXXXIX.  That  the  trustees  of  each  tKeeeP°rt  by  trUfi- 
of  said  schools,  after  being  recognized 
under  the  provisions  of  this  act,  shall 
annually,  in  the  month  of  June,*  furnish, 
under  oath  or  affirmation  of  the  presi- 
dent of  the  board  of  trustees,  to  the  Su- 
perintendent of  Common  Schools,  a  full 
account  of  its  pecuniary  condition,  show- 
ing income  and  debts,  if  any,  salaries  and 

(q)  Act  May  20,  1857,  sec.  4,  P.  L.  p.  582. 


276  SCHOOL  LAWS  AND  DECISIONS 

other  expenses,  and  dividends  declared, 
together  with  the  number  of  students 
admitted  and  graduated,  the  branches 
taught,  the  apparatus  procured,  the  im- 
provements effected,  and  the  changes 
made  during  the  preceding  year,  and 
such  other  information  as  said  Superin- 
tendent of  Common  Schools  may,  from 
time  to  time,  by  his  general  circular  to 
all  of  said  schools,  require  to  be  fur- 
nished; and  each  of  said  schools  shall 
always  be  open  to  the  visitation  and  in- 
spection of  said  Superintendent  of  Com- 
mon Schools,  and  of  the  county  superin- 
tendents of  all  the  counties  within  its 
normal  school  district  (:). 

*Note  —  Changed  to  October,  by  act  of 
April  11,  1862,  sec.  15,  P.  L.  page  475. 

Kequisite*.  CCXC.      That     to     entitle     It     to     the 

benefits  and  privileges  of  this  act  each 
of  said  normal  schools  shall  possess  the 
following  requisites: 

Buildings.  Buildings. — Suitable  buildings  as  here- 

.  inafter  provided,  and  an  area  of  ground 

appurtenant  thereto,  of  not  less  than  ten 

acres  in   one  tract,   the   whole   of   which 

shall  be  prepared  and  used  as  a  place  foi- 

gymnastic  exercises  and  healthful  recre- 

(r)  Act  May  20,  1857,  sec.  5,  P.  L.  p.  582. 


OF  PENNSYLVANIA.  277 

ation  by  students,  except  so  much  there- 
of as  shall  be  necessarily  occupied  by  the 
buildings,  botanical  and  other  gardens, 
and  such  other  purposes  as  shall  be 
plainly  promotive  of  the  great  objects  of 
the  institution  (s). 
'  Hall,  Rooms,  &c— The  buildings  shall  Ha",  etc 
contain  a  hall  of  sufficient  size  to  com- 
fortably seat  at  least  one  thousand  ad- 
ults, with  class  rooms,  lodging  rooms  and 
refectories  for  at  least  three  hundred 
students,  all  properly  constructed  and 
arranged  as  to  light,  heat  and  ventilation 
so  as  to  secure  the  health  and  comfort 
of  the  occupants,  with  proper  provision 
for  physical  exercise  during  inclement 
weather  (t). 

Library.— Each  school  shall  contain  a  Library . 
library  room  for  the  accumulation  of 
books  for  the  free  use  of  the  students, 
a  cabinet  for  specimens  and  preparations 
to  illustrate  the  natural  and  other 
sciences,   and   such  apparatus  and  philo- 


(s)  Act  May  20,  1857,  sec.  6,  clause  1,  P. 
L.  page  582. 

ft)  Act  May  20,  1857,  sec  6,  clause  2,  P. 
L.  p.  583. 


278  SCHOOL  LAWS  AND  DECISIONS 

sophical    instruments   as  are   indispensa- 
ble for  the  same  purpose,  (u). 

Professors,  Professors. — Each  school  shall  have  at 

least  six  professors  of  liberal  education 
and  known  ability  in  their  respective  de- 
partments, namely:  One  of  orthographv. 
reading  and  elocution;  one  of  writing; 
drawing  and  book-keeping;  one  cf  arith- 
metic and  the  higher  branches  of  mathe- 
matics; one  of  geography  and  nistory; 
one  of  grammar  and  English  literature; 
and  one  of  theory  and  practice  of  teach- 
ing, together  with  such  tutors  and  as- 
sistants therein,  and  such  professors  jf 
natural,  mental  and  moral  sciences,  Ian 
guages  and  literature,  as  the  condition  of 
the  school  and  the  number  of  the  stu- 
dents may  require  (v). 

principal1101"  °f  Duties  of  Principals.— The  principal  of 
each  normal  school  shall  be  a  professor 
of  such  one  of  the  six  indispensable 
branches  as  may  be  assigned  to  him  by 
the  trustees,  and  he  shall  be  charged 
with  the  whole  discipline  and  interior 
government  of  the  school   in  conformit' 


(u)  Act  May   20,   1857  sec.   6,   clause   3 
P.  L.  p.  583. 

(v)  Act  May  20,  1857,  sec.  6,  clause  4,  P. 
I,,  p.  583. 


OF  PENNSYLVANIA.  27!) 

with  such  regulation  as  shall  from  timp 
to  time  be  adopted  by  the  trustees  and 
approved  by  State  Superintendents  of 
Common  Schools  (w). 

Model  School.— Each  school  shall  ha'.e  Model  schools, 
attached  to  it  one  or  more  schools  for 
practice  or  model  schools,  with  not  less 
than  one  hundred  pupils  from  the  chil- 
dren of  the  vicinity,  and  so  arranged 
that  the  students  of  the  normal  school 
shall  therein  acquire  a  practical  knowl- 
edge of  the  art  of  teaching  under  the  in- 
struction   of  their   proper   professors   (x). 

Note.— See  also  sections  CCXCI.CCXCII. 

Qualifications    and    Term     of     Study.-  -    Qualifications 

^  anil  terra  of 

The  qualifications  for  admission  into,  and  study, 
the  course  and  duration  of  the  term  of 
study  in  all  the  schools  shall  be  such  s 
shall  be  approved  by  and  at  a  meeting  ot 
all  the  principals  of  the  normal  schools 
then  recognized  under  this  act;  such 
meeting  to  be  called  from  time  to  time 
as  he  may  deem  expedient,  by  the  State 
Superintendent     of     Public     Instruction. 


(w)  Act  May  20,  1857,  sec.   6,  clause  5, 
P.  L.  p.  583. 

(x)  Act   May   20,   1857,    sec.   6,   clause   6, 
P.  L.  p.  583. 


280 


SCHOOL  LAWS  AND  DECISIONS 


Meetings  of 
principal*. 


Books. 


and  to  take  place  at  one  or  other  of  the 
annual  examinations  hereinafter  pro- 
vided for,  except  the  first  meeting,  which 
shall  be  held  at  such  time  and  place  as  he 
may  indicate;  and  at  such  meetings  tne 
acts  of  the  majority  of  the  principals 
shall  be  binding  on  all  the  schools  hi 
reference  to  the  qualifications  for  admis- 
sion and  the  course  and  term  of  study, 
when  approved  by  the  State  Superin- 
tedent  of  Common  Schools  (y). 

Meetings  of  Principals. — That  a  meet- 
ing of  the  principals  of  the  several  nor- 
mal schools,  for  the  purpose  of  fixing 
upon  a  general  course  of  study  and  ar- 
ranging other  matters  coming  within 
their  jurisdiction  as  a  body,  snail  be 
called  at  Harrisburg  by  the  Superintend- 
ent of  Public  Instruction  whenever  be 
shall  deem  it  necessary,  or  upon  a  re- 
quest so  to  do,  made  by  three  principals 
of  state  normal  schools  (z). 

Text-books. — The  text-books  to  be  used 
in  each  of  said  schools  shall  be  such  as 
may  be  selected  by  its  proper  professors, 

(y)  Act  May  20,  1857,  sec.  6,  clause  7, 
P.  L.  p  583. 

(z)  Act  April  12,  1875,  sec.  10,  P.  L.  p. 
44. 


OF  PENNSYLVANIA.  281 

with    the     approbation     of     the    trustees 
thereof  (a). 

Private  Students. — Studenits,  other  than  private  students, 
those  admitted  on  district  account,  to  pay 
such  sum  for  tuition  as  the  trustees  shall 
determine;  but  in  the  admission  of  such 
students,  'the  preference  always  to  be 
given  to  such  as  are  designed  for  the 
profession  of  teaching,  and  between  pri- 
vate and  public  students  a  like  prefer- 
ence to  be  given  to  the  latter,  in  case  of 
insufficieny  of  room  to  accommodate  all 
who  apply;  and  no  difference  in  the 
charge  for  boarding  and  lodging  to  be 
made  in  favor  of  any  class  of  situdents  (b). 

Annual    Examinations. 

CCXCI.  That  the  requisites  to  en-  Examinations, 
title  any  school  to  the  benefits  of  this 
act,  or  the  one  'to  which  this  is  a  supple- 
ment, as  se»t  forth  in  the  sixth  section 
thereof,  are  hereby  altered  in  the  follow- 
ing particulars,  viz:  The  pupils  of  thfi 
model  school  may  or  may  not  be  from 
the    immediate    vicinity    of    the    normal 


(a)  Act  May  20,  1857,  sec.  6,   clause  8, 
P.  L.  p  583. 

(b)  Act  May  20,  1857,  sec.  6,  clause  10. 
P.  L.  p  584. 


282 


SCHOOL  LAWS  AND  DECISIONS 


Cost  of  tuition. 


Examinations,  by 
whom  and  in 
what  studies. 


school  with  which  it  is  connected,  as  in 
the  discretion  of  the  trustees  thereof 
shall  seem  most  expedient.  That  the 
cos't  of  the  tuition  of  all  classes  of 
students,  whether  admitted  on  com- 
mon school  district  account,  private 
account,  or  whether  they  are  actual 
school  teachers  shall  be  fixed  by  the  trus- 
tees of  the  several  schools;  that  the  ex- 
amination of  students  for  graduation,  if 
only  one  school  shall  be  in  recognized 
operation,  shall  be  by  the  faculty  there- 
of; if  two  schools  shall  be  in  operation, 
it  shall  be  by  the  principals  of  both;  if 
three,  it  shall  be  by  the  principals  of  all, 
or  at  least  two  of  them;  and  when  more 
than  three  shall  be  in  operation,  the  ex- 
amination shall  never  be  conducted  by 
less  than  three  principals,  to  be  desig- 
nated as  prescribed  by  the  twelfth  para- 
graph of  the  sixth  section  of  said  act,  of 
whom  the  principal  of  the  school  whose 
students  are  to  be  examined  shall  be  one-. 
And  provided,  That  these  examinations 
shall,  in  all  cases,  be  conducted  in  the 
presence  of  the  Superintendent  ->f  Com- 
mon Schools  and  'the  county  superintend- 
ents of  the  proper  district,  if  they  desire 
to  attend,  upon  receiving  due  notice,  that 
the  certificate  to  graduates  shall  em- 
brace such  branches  of  learning,   in  al- 


OF  PENNSYLVANIA. 


283 


dition  to  those  of  orthography,  reading, 
writing,  English  grammar,  geography 
and  arithmetic,  as  shall  be  prescribed  by 
the  board  of  principals  in  accordance  with 
the  seventh  paragraph  of  the  sixth  sec- 
tion of  said  act,  or  by  the  principal  of 
the  first  school  recognized,  so  long  as 
only  one  shall  be  in  operation;  and  the 
certificate  shall  be  signed  by  all  the  ex- 
aminers, if  less,  and  by  at  least  two- 
thirds  of  them,  if  more  than  three,  and 
also  by  the  whole  faculty  of  the  proper 
school  in  every  case  (c). 

Note.— See  Sections  CCXCIII,  CCXCIV. 

CCXCII.  That  from  and  after  the  pass-    Trustees  of  nor- 
age  of  this  act  it  shall  be  lawful  for  tfcJ   Mhoowirectow 
trustees  of  the  State  Normal  schools  now   {Sstructfon^f10 
within  the  Commonwealth  of  Pennsylva-    certain  pupils, 
nia,  or  that  may  hereafter  be  established 
within    said     Commonwealth,    and      the 
school  directors  of  any  school  district  to 
enter  into  an  arrangement  or  agreement   Model  school. 
between    such    trustees   and    such    school 
directors   of  such   district   by   which   the 
pupils    of    such    school    district,    or    any 
portion    of   them    as    may    not   be   conve- 
nient  to   any   school,   may   be   instructed    Expense. 


(c)   Act   of  April   15,   1859,  sec.   2,   P.   L. 
page  680. 


284 


SCHOOL  LAWS  AND  DECISIONS 


Action  to  be  en- 
tered on  minutes. 

Examinations  of 

graduating 

classes. 


Board  of  exam- 
iners, who  shall 
constitute. 


Appointment  of 
board 


Expenses  of 
board. 


$2.  COO  directed  to 
be  appropriated. 


at  any  such  State  Normal' School,  and 
the  expense  of  such  instruction  shall  be 
paid  as  may  be  agreed  upon  between  the 
directors  or  controllers  of  such  district 
and  the  trustees  of  any  of  said  Normal 
Schools.  Such  action  of  the  said  school 
district  or  districts  and  the  trustees  of 
such  State  Normal  school  shall  be  en- 
tered, respectively,  upon  the  minutes  of 
the  said  respective  boards  (d). 

CCXCIII.  That  all  examinations  of  the 
graduating  classes  at  the  normal  schools 
shall  be  conducted  by  a  board,  of  which 
the  Superintendent  of  Public  Instruction 
or  his  deputy  shall  be  president,  of  two 
principals  of  the  normal  schools  of  whom 
the  principal  of  the  school  where 
the  students  are  to  be  examined  shall  be 
one,  and  not  lass  than  two  nor  more 
than  six  county,  city,  borough  or  town- 
ship superintendents,  to  be  appointed  by 
the  Superintendent  of  Public  Instruc- 
tion (e). 

CCXCIV.  The  expenses  incurred  by  the 
members  of  the  several  boards  of  exam- 
iners shall  be  paid  by  the  State,  as  provid- 
ed by  existing  laws,  and  the  sum  of  two 
thousand  dollars,  or  so  much  thereof  as 


(d)  Act  June  28,  1895,  sec.  1.  P.  L.  p.  412. 

(e)  Act  April  23,  1895,  sec.  1,  P.  L.  p.  41. 


OF  PENNSYLVANIA.  285 

may  be  necessary,  shall  be  annually  ap- 
propriated for  that  purpose  (f). 

CCXCV.    All  acts  or  parts  of  acts  in-    Repeal. 
consistent      herewith      are      hereby      re- 
pealed  (g). 

Number  of  votes  required.— That  no 
oerson  shall  graduate  at  a  State  normal 
school,  or  receive  a  State  certificate  as 
a  praet'eal  teacher  unless  by  the  affirm- 
ative vote  of  four  out  of  five  members  of 
the  board  of  examiners  (h). 

185.  It  is  not  in  accordance  with  the 
true  intent  and  meaning  of  the  normal 
school  law  for  a  board  of  trustees  of  a 
State  normal  school  to  place  the  ap- 
pointment of  teachers  and  employes,  and 
the  whole  pecuniary  and  disciplinary  con- 
trol of  it  in  the  hands  of  a  principal. 

186.  The  law  makes  it  the  plain  duty 
of  boards  of  trustees  to  fix  the  charges 
for  tuition  and  boarding,  the  salaries  of 
teachers  and  the  wages  of  employes.  It 
places  the  whole  pecuniary  management 
in  their  hands.     The  principal  of  such  a 


(f)  Act  April  23,  1895,  sec.  2,  P.  L.  p.  41. 

(g)  Act  April  23,  1895,  sec.  3,  P.  L.  p.  41. 
(h)  Act  April  12,  1875,  sec.  9,  P.  L.  p.  44. 


286  SCHOOL  LAWS  AND  DECISIONS 

school  should  receive  a  fixed  salary 
like  any  ether  officer.  He  should  have 
nothing  to  do  with  the  pecuniary  affairs 
of  the  school,  except  as  the  agent  of  the 
trustees. 

187.  "Each  school  shall  have  at  least 
six  professors  of  liberal  education  and 
known  ability  in  their  respective  depart- 
ments, and  the  principal  of  each  normal 
school  shall  be  a  professor  of  such  one 
of  the  six  indispensable  branches  as 
may  be  assigned  him  by  the  trustees." 

From  this  it  is  clear  that  the  profes- 
sors are  all  to  be  elected  by  the  trustees, 
the  principal  included,  and  to  each  is  to 
be  assigned  by  them  his  special  duty  as 
an  instructor.  The  principal,  of  course, 
must  have  the  supervision  of  the  whole 
work  of  instruction,  but  it  is  no  part  of 
his  duty  under  the  law,  to  appoint  teach- 
ers. 

188.  In  the  same  section  it  is  provided 
that  "He  (the  principal)  shall  be  charged 
with  the  whole  discipline  and  interior 
government  of  the  school,  in  conformity 
with    such    regulations    as     shall,     from 


OF  PENNSYLVANIA.  287 


time  to  time,  be  adopted  by  the  trustees 
and  approved  by  tbe  State  Superinten- 
dent of  Public  Instruction." 

189.  This  provision  is  in  conformity 
with  'the  whole  law.  It  makes  the  trus- 
tees the  highest  authority  in  matters  re- 
lating to  the  discipline  of  the  school,  as 
they  are  in  the  management  of  its  pecu- 
niary affairs  and  the  election  of  the 
members  of  its  faculty. 

190.  The  State,  in  the  general  appropri- 
ation act  of  April  11,  1866,  pp.  73-74,  sec. 
xvi,  and  in  the  subsequent  appropria- 
tion acts,  makes  provision  for  granting 
State  aid  to  students  in  the  State  normal 
schools.     The  law  provides  as  follows: 

"For  each  student  over  seventeen 
years  of  age,  who  shall  sign  a  written 
declaration,  in  the  form  prescribed  by 
the  Superintendent  of  Public  Instruction, 
that  said  student  inteuds  to  teach  in  the 
common  schools  of  the  State,  there  shall 
be  paid  the  sum  of  fifty  cents  per  week 
toward  the  expenses  of  said  student. 

"For  each  student  who  was  disabled 
in   the  military   or  naval   service  of   the 


288  SCHOOL  LAWS  AND  DECISIONS 

United  States,  or  of  Pennsylvania,  or 
whose  father  lost  his  life  in  said  service, 
and  who  is  over  seventeen  and  not  over 
twenty-two  years  of  age,  and  who  shall 
sign  a  declaration  as  herein  provided, 
there  shall  be  paid  the  sum  of  one  dollar 
per  week;  to  each  student  who,  during 
the  school  year  commencing  on  the  first 
Monday  in  June,  one  thousand  eight  hun- 
dred and  sixty-six,  shall  have  graduated 
at  any  of  the  normal  schools  of  the  State, 
and  who  shall  sign  an  agreement,  bind- 
ing said  student  to  teach  in  the  common 
schools  of  the  State  two  full  years,  thei'e 
shall  be  paid  the  sum  of  fifty  dollars." 

Must  receive  in-         "Provided,   That  each  student  in  a  nor- 
etruction  tn  mal   school,    drawing  an  allowance   from 

ine-  the   State,   must  receive   regular  instruc- 

tion in  the  science  and  art  of  teaching 
in  a  special  class  devoted  to  that  object, 
for  the  whole  time  such  an  allowance  is 
drawn;  and  in  the  allowance  to  soldier 
students  in  normal  schools,  no  distinc- 
tion shall  be  made  on  account  of  age"  (i). 


(i)   Appropriation   act,  1869,  sec.   14,   P. 
L.  page  38. 


OF  PENNSYLVANIA.  289 


191.  Any  student,  to  secure  the  benefits 
of  this  appropriation,  must  attend  the 
school  at  least  one  term  ot  twelve  con- 
secutive weeks,  and  must  be  over  seven- 
teen years  of  age  during  the  time  of  at- 
tendance. 

Students  receiving  the  several  sums 
per  week,  shall  have  deducted  from  their 
regular  expenses  the  full  amount  thus 
received  from  the  State. 

The  Superintendent  of  Public  Instruc- 
tion shall  not  issue  his  warrant  for  'the 
amount  thus  'claimed  by  any  of  the  said 
schools,  until  there  shall  be  on  file  in  his 
office  a  report  from  the  principal  of  said 
school,  authenticated  by  his  oath  or  af- 
firmation, and  certified  to  by  the  presi- 
dent of  the  board  of  trustees,  stating  the 
exact  number  of  students  over  seventeen 
years  of  age  that  have  attended  the 
school  for  at  least  twelve  consecutive 
weeks  within  the  school  year  of  the  sev- 
eral normal  schools,  commencing  on  the 
first  Monday  of  September,  and  who 
have,  in  all  respects,  conformed  to  the 
19 


290  SCHOOL  LAWS  AND  DECISIONS 

conditions  and  requirements  herein  made 
regarding  such  students;  how  many  thus 
attending  are  disabled  soldiers  or  sailors, 
or  orphans  whose  fathers  died  in  the  ser- 
vice of  the  country,  and  how  many  have 
graduated  during  the  term  for  which 
said  report  is  made,  and  who  have  also 
complied  with  the  conditions  herein,* to- 
gether with  their  names  and  address, 
date  of  entrance  and  withdrawal  from 
the  school,  stating  also  whether  the 
whole  amount  to  be  allowed  to  each  stu- 
dent has  been  deducted  from  his  ex- 
penses. 

how  privi leges  of  CCXCVI.  That  when  the  trustees  of 
this  act  obtained.  any  school  desirous  of  claiming  the  priv- 
ileges of  this  act  shall  make  application 
to  the  State  Superintendent  of  Common 
Schools,  it  shall  be  the  duty  of  the  Super- 
intendent of  Common  Schools,  together 
with  four  other  competent  and  disinter- 
ested persons,  to  be  chosen  by  him,  with 
the  consent  of  the  Governor,  and  all  the 
superintendents  of  the  counties  in  the 
normal  school  district  in  which  such 
school  shall  be  situated,  on  receiving  due 
notice    from    the   department   of   common 


OF  PENNSYLVANIA.  291 


schools,,  personally  and  at  the  same  time, 
to  visit  and  carefully  inspect  such  school; 
and  if,  after  thorough  investigation 
thereof,  and  of  its  by-laws,  rules  and  reg- 
ulations, and  of  its  general  arrangement 
and  facilities  for  instruction,  they,  or  at 
least  two-thirds  of  them,  shall  approve 
the  same,  and  find  that  they  fully  come 
up  to  the  provisions  of  this  act,  in  that 
case  and  no  other  they  shall  certify  the 
same  to  the  department  of  common 
schools,  with  their  opinions  that  such 
school  has  fully  complied  with  the  pro- 
visions of  this  act  as  far  as  can  be  done, 
before  going  into  operation  under  this 
act;  whereupon  the  State  Superintendent 
shall  forthwith  recognize  such  school  as 
a  State  normal  school  under  this  act, 
and  give  public  notice  thereof  in  two 
newspapers  in  each  county  in  the  proper 
normal  school  district,  and  thencefor- 
ward this  act  shall  go  into  full  operation 
so  far  as  regards  such  schools  without 
any  further  proceedings.  And  if,  upon 
due  inspection,  any  school  so  applying 
shall  be  found  insufficient  under  this  act, 
said  board  of  inspectors  shall  so  report 
to  the  Superintendent  of  Common 
Schools,  who  shall  thereupon  inform  the 


292  SCHOOL  LAWS  AND  DECISIONS 

trustees  thereof  of  such  adverse  re- 
port (k). 

Rival  Applications. 

CCXCVII.  That  if  two  or  more  schools 

Rival  applica- 
tions for  recogni-    apply  in   the   same   district  to   be  recog- 

tion. 

nized  under  this  act  at  the  same  time,  all 
of  them  shall  be  visited  in  the  manner 
prescribed  by  the  next  preceding  section, 
and  the  one  found  to  possess  the  largest 
and  best  accommodations  and  arrange- 
ments to  give  effect  to  the  purposes  of 
this  act,  shall  be  preferred,  and  so  certi- 
fied if  it  fully  come  up  to  the  require- 
ments of  this  act;  and  if  two  or  more 
schools  in  the  same  district  be  found  to 
possess  equal  accommodations  and  ar- 
rangements fully  up  to  the  requirements 
of  this  act,  in  that  case  the  one  nearest 
to  the  centre  of  the  proper  normal  dis- 
trict shall  be  preferred  and  certified  for 
recognition  to  the  department  of  common 
schools,  and  if  one  or  more  of  the  schools 
thus  applying  for  recognition  give  notice 
to  the  Department  of  Common  Schools, 
with  reasonable  assurance  that  it  or  the3r 
are  not  now  ready  for  inspection  under 
the  seventh  section  of  this  act,  but  will 


(k)  A.ct  May  20.  1857,  sec.  7.  P.  L.  p.  584. 


OF  PENNSYLVANIA.  293 

be  within  the  term  of  six  mouths  from 
and  after  the  date  of  such  notice,  in  that 
case  none  of  the  applicant  schools  shall 
he  inspected  in  such  district  till  such 
time,  within  said  six  months,  when  all 
shall  be  prepared  for  inspection,  when 
like  proceedings  shall  take  place  as  have 
been  prescribed  in  the  preceding  part  of 
this  and  the  seventh  section  (1). 

Certificate  of  Scholarship. 

CCXCVIII.  That  the  board  of  principals  Examination  of 
who  shall  examine  the  candidates  for  equates, 
graduation  in  any  of  the  normal  schools 
under  this  act,  shall  issue  certificates  to 
be  signed  by  all  of  them,  to  all  such  stu- 
dents of  the  full  course  as  two-thirds  of 
the  board  shall  approve,  setting  forith 
expressly  the  branches  in  which  each 
have  been  found  duly  qualified,  which 
certificates  must  embrace  all  the 
branches  enumerated  in  the  fourth  article 
of  the  sixth  section  of  this  act,  including 
the  theory,  but  not  including  the  prac- 
tice of  teaching,  and  may  also  embrace 
any  additional  branches  in  which  the 
graduate   was   found   proficient.       Actual    Actual  teachers 

may  be  examined. 

teachers  of  common  school  in  good  stand- 


(1)  Act  May  20,  1857,  sec.  8,  P.  L.  p.  585. 


294  SCHOOL  LAWS  AND  DECISIONS 

ing,  who  shall  produce  satisfactory  evi- 
dence of  having  taught  in  common  schools 
during  three  full  consecutive  annual 
terms  of  the  districts  in  which  they  were 
employed,  may  also  be  examined  at  the 
same  time  and  in  the  same  manner  with 
the  regular  students  of  their  proper  nor- 
mal school,  and  if  found  equally  qualified, 
shall  receive  certificates  of  scholarship  of 
the  same  kind;  and  all  the  certificates 
granted  under  this  section  shall  be  re- 
ceived as  evidence  of  scholarship,  to  the 
extent  set  forth  on  the  face  of  them, 
without  further  examination,  in  every 
part  of  the  State.  And  whenever  the 
holder  of  any  certificate,  under  this  sec- 
tion, shall,  by  study  and  practice,  have 
prepared  for  examination  in  any  branches 
Additional  of  study  additional  to  those  in  such  cer- 

liranehes. 

tificate,  he  or  she  may  attend  the  annual 
examination  of  the  normal  school  of  the 
district,  and  if  found  duly  qualified,  shall 
receive  a  new  certificate,  setting  forth 
all  the  branches  in  which,  up  to  that  time, 
he  or  she  may  have  been  found  proficient; 
and  thenceforth  such  enlarged  certificate 
shall  also  be  evidence  of  scholarship  to 
the  extent  of  it,  in  every  part  of  the  State, 
without  further  examination  (m). 


(m)  Act  May  20,  1857,  sec.  9,  P.  L.  p.  585. 


OF  PENNSYLVANIA.  295 

Teachers'   State  Certificate. 

CCXCIX.  That  no  certificate  of  com-  Fllll  certificates 
petence  in  the  practice  of  teaching  shall  after  two  years, 
be  issued  to  the  regular  graduate  of  any 
of  said  normal  schools  till  after  the  ex- 
piration of  two  years  from  the  date  of 
graduation,  and  of  two  full  annual  terms 
of  actual  teaching  in  the  district  or  dis- 
tricts in  which  such  graduate  taught, 
nor  to  any  teacher  who  shall  hold  a  full 
certificate  of  scholarship,  without  having 
been  a  regular  student  and  graduate,  un- 
less upon  full  proof  of  three  years'  actual 
teaching  in  a  common  school  or  schools, 
nor  in  either  case  without  the  production 
of  a  certificate  of  good  moral  conduct, 
and  satisfactory  discharge  of  the  requisite 
duration  of  professional  duty,  from  the 
board  or  boards  of  directors  in  whose  em- 
ployment the  applicant  shall  have  taught, 
countersigned  by  the  county  superinten- 
dent of  the  proper  county  or  counties,  on 
the  production  of  which  proof,  and  not 
otherwise,  a  full  certificate  of  competence 
in  the  practice  of  teaching  shall  be  added 
to  the  certificate  of  scholarship,  and  of 
theoretical  knowledge,  of  the  science  of 
teaching  already  possessed,  tn  be  received 
as  full  evidence  of  practical  qualification 
to  teach  in  any  part  of  the  State  without 


296  SCHOOL  LAWS  ANT)  DECISIONS 

Proviso.  l'urther  examination:     Provided,  however, 

That  practical  teachers  who  shall,  upon 
due  examination,  receive  a  certificate  of 
scholarship,  may  at  the  same  time  re- 
ceive a  certificate  in  the  practice  of  teach- 
ing, upon  producing  the  required  evi- 
dence of  three  years'  previous  experience 
in  the  art  of  teaching  and  of  good  moral 
conduct  (n). 

192.  Each  applicant  who  is  not  a  regu- 
lar student  and  graduate,  must  be  twenty- 
one  years  of  age,  of  good  moral  charac- 
ter, and  have  taught  successfully  during 
three  consecutive  terms  in  a  common 
school  or  in  common  schools  in  this  State; 
the  proof  of  age  to  be  the  declaration  on 
honor  of  the  applicant;  and  of  moral 
character,  and  on  the  satisfactory  dis- 
charge of  the  requisite  terms  of  teach- 
ing, a  certificate  from  the  proper  board 
or  boards  of  directors,  signed  by  the  presi- 
dent and  secretary,  and  countersigned 
by  the  proper  county  superintendent  or 
superintendents. 

193.  The  examination  to  be  in  the  ele- 


(n)  Act  May  20,  1857,  sec.  10,  P.L.  p.  586. 


OP  PENNSYLVANIA.  297 

mentary  or  scientific  course,  as  the  appli- 
cant may  select,  according  to  the  list  of 
studies  as  printed  in  the  circulars  of  the 
State  normal  schools,  and  approved  by 
the  Superintendent  of  Public  Instruction, 
or  in  such  other  studies  as  may  be  deemed 
by  the  board  of  examiners  as  equivalent. 
194.  Each  applicant  shall  prepare  and 
present  to  the  board  of  examiners  an  orig- 
inal thesis  on  some  professional  subject, 
of  not  less  than  six  folio  pages  of  manu- 
script, to  be  retained  at  the  school  where 
the  examination  takes  place. 

CCC.  That  no  temporary  or  pro-  cannot  issue  a 
visional  certificate  of  any  less  degree  of  pr™visionai°ceni- 
scholarship  than  that  required  by  the 
ninth  section  of  this  act,  shall  be  issued 
by  said  board  of  principals,  nor  by  the 
faculty  of  any  of  said  schools;  but  the 
principal  of  each  of  the  said  schools  may 
certify  in  writing  to  the  length  of  time 
which  teachers  may  have  attended  under 
the  eleventh  article  of  the  sixth  section  of 
this  act,  and  the  manner  of  their  de- 
portment while  in  attendance  (o). 


flcate. 


(o)  Act  May  20,  1857,  sec.  11,  P.  L   p.  586. 
19* 


298 


SCHOOL  LAWS  AND  DECISIONS 


Duty  of  superin- 
tendent of  com- 
mon schools. 


Duty  of  Superintendent  of  Public  Instruc- 
tion. 

CCCI.  That  it  shall  be  the  duty  of 
the  Superintendent  of  Common  Schools 
to  prescribe  all  forms  and  to  give  all  in- 
structions required  for  carrying  this  act 
into  full  effect,  on  all  points  not  herein 
set  forth  in  detail  (p). 


Report  to  State 
Superintendent. 


COLLEGES  AND  ACADEMIES. 

CCCII.  That  on  or  before  the  first  day  of 
November,  annually,  it  shall  be  the  duty 
of  the  president,  faculty  or  trustees  of  each 
university  or  college,  and  the  preceptor, 
trustees  or  managers,  of  each  academy  or 
school,  other  than  common  schools,  hav- 
ing received  aid  from  this  Common- 
wealth, to  report  the  number  of  students 
in  each  class,  and  the  total  number  of 
graduates,  if  any,  course  of  studies  pur- 
sued, financial  resources  and  expenses, 
the  future  prospects  of  their  several  in- 
stitutions, accompanied  with  such  re- 
marks as  may  illustrate  their  general 
condition,  to  the  Superintendent  of  Com- 
mon Schools,  so  much  of  which,  it  shall 
be  his  duty  to  lay  before  the  Legislature, 


(p)  Act  May  20,  1857,  sec.  13,  P.L.  p.  587. 


OF  PENNSYLVANIA.  .299 

in    his   annual   report   as   he   may    deem 
proper  (q). 

CCCIII.  That  the  trustees  of  any  academy  Mr^ertVDtoeDoard 
or  seminary  in  this  Commonwealth,  which  of  directors, 
received  money  or  land  therefrom  for 
educational  purposes,  are  hereby  author- 
ized and  empowered  to  convey  by  deed 
of  not  less  than  two-thirds  of  their  num- 
ber to  be  approved  by  the  court  of  com- 
mon pleas  of  the  proper  county,  all  the 
real  estate,  buildings,  and  property  and 
funds  of,  or  belonging  thereto,  to  the 
board  of  directors  and  their  successors  in 
office,  of  the  common  schools  of  the  dis- 
trict in  which  the  main  building  thereof 
may  be  situated,  to  be  used  and  applied 
by  said  directors  for  the  purposes  of  com- 
mon school  education,  and  for  no  other 
purpose:  Provided,  That  when  a  high  Proviso, 
common  school  shall  have  been  establish- 
ed therein,  by  means  of  said  property,  the 
citizens  of  the  county  within  which  said 
district  is  situated  shall  have  the  right 
to  have  their  sons  and  daughters  admitted 
into  such  high  school,  if  duly  qualified, 
on  paying  to  the  treasurer  of  said  district 
the  same  rate  of  tuition  for  each,  which 


(q)  Act  April  1,  1836,  sec.  1,  P.  L.  1835-8, 
p.  342. 


300  SCHOOL  LAWS  AND  DECISIONS 

it  shall  annually  cost  said  district,  per 
student,  to  keep  said  high  school  in  oper- 
ation, without  adding  anything  thereto 
for  the  use  of  the  building  (r). 

CCCIV.  That  in  all  cases  where  the 
trustees  of  any  academy  or  seminary  in 
this  Commonwealth.which  received  money 
or  land  therefrom  for  educational  pur- 
poses, have  conveyed  the  real  estate, 
buildings,  and  property  and  funds  of,  or 
belonging  thereto,  to  the  board  of  direc- 
tors, and  their  successors  in  office,  of  the 
common  schools  of  the  district  in.  which 
the  mam  building  thereof  was  situated, 
in  pursuance  of  the  authority  contained 
in  section  sixteen  of  the  act  of  April 
eleven,  one  thousand  eight  hundred  and 
sixty-two,  and  when  the  amount  or  value 
of  such  estate,  real  and  personal,  still  re- 
maining unused  and  unexpended  by  the 
said  school  district  exceeds  ten  thousand 
Duty  of  the  court,  dollars  ($10,000),  it  shall  be  the  duty  of 
the  court  of  common  pleas  of  the  proper 
county,  upon  petition  of  the  majority  of 
the  board  of  school  directors  of  said 
school  district  presented  for  that  purpose, 
to  appoint  a  suitable  person  as  trustee  of 
said  estate  thus  transferred  and  still  re- 


(r)  Act  April  11,  1862,  sec.16,  P.L.  p.  475. 


OP  PENNSYLVANIA.  301 

maining  unexpended,  who  shall  receive 
the  same,  collect  the  money  due  upon  the 
securities  and  convert  the  stock  into 
money  if  deemed  for  the  best  interest  of 
the  district,  and  invest  and  keep  invested 
from  time  to  time,  aii  moneys  received 
or  collected  at  interest  in  bonds  or  mort- 
gages upon  real  estate  or  in  the  interest- 
bearing  debt  of  the  State  or  of  the  United 
States,  as  may  be  approved  by  said  court, 
and  pay  over  the  interest  or  income  there-  |.ay  t0  treasurer 
of  regularly  to  the  treasurer  of  said  school  of  sch001  district 
district  for  the  purposes  aforesaid,   first  , 

deducting  therefrom  all  reasonable  ex- 
penses attending  the  execution  of  the 
trust,  including  a  compensation  to  said 
trustee  not  exceeding  four  per  cent,  upon 
the  income  received  (s). 

CCCV.  Before  the  said  trustee  or  his  shall  give  bond, 
successors  in  the  trust  shall  receive  any 
part  of  said  money,  securities  or  stocks, 
he  shall  give  bond  to  said  district  in  such 
sums  and  with  such  sureties  as  shall  be 
approved  by  said  court,  conditioned  for 
the  faithful  performance  of  all  duties 
pertaining  to  said  trust,  and  paying  and 
delivering  over  to  his  successor  therein, 
or  other  party  legally  entitled  to  receive 


(s)  Act  June  10,  1881,  sec.  1,  P.  L.  p.  119. 


302 


SCHOOL  LAWS  ANT)  DECISIONS 


Court  may  re- 
move trustee. 


Institutions  of 
learning  which 
nre  incorporated 

sh:ill  have  fol- 
lowing powers. 


the  same,  all  moneys  and  securities  re- 
ceived and  held  by  him  as  a  trustee;  and 
he  shall,  on  the  first  day  of  the  first  term 
of  each  year,  exhibit  to  said  court,  a  full, 
true  and  correct  account  in  writing,  under 
oath,  of  his  management  of  said  trust 
fund,  how  and  in  what  securities  the 
same  is  invested,  and  the  rates  of  inter- 
est received  thereon,  which  account,  when 
examined  and  approved  by  the  said  court, 
shall  be  filed  with  the  records  thereof. 
Said  court  shall  also  have  the  power,  at 
any  time  sufficient  cause  is  shown,  to  re- 
move said  trustee  or  require  of  him  addi- 
tional sureties  for  the  performance  of  his 
trust,  and  shall,  whenever,  and  as  often 
as  a  vacancy  occurs  by  reason  of  such  re- 
moval, or  the  death  or  resignation  of  said 
trustee,  appoint  a  suitable  person  as  his 
successor;  and  said  trustee  shall  in  all 
respects  be  subject  to  the  control  and 
jurisdiction  of  said  court  in  like  manner 
as  other  trustees  under  existing  laws  (t). 

CCCVI.  That  all  institutions  of  learn- 
ing hereafter  to  be  incorporated  as 
colleges,  universities,  or  theological 
seminaries  with  power  to  confer 
degrees   in    art,    pure     and    applied  sci- 


(t)  Act  June  10,  1881;  sec.  2.  P.  L.  p.  120. 


OF  PENNSYLVANIA. 


30^ 


Succession. 


ence,  philosophy,  literature,  law,  medi- 
cine and  theology,  or  any  of  them,  shall 
be  incorporated  in  the  manner  hereinafter 
set  forth,  with  general  power  as  follow;: 
First.  To  have  succession  by  their  cor- 
porate names  for  the  period  limited  by 
their  charters,  and  when  no  period  is 
limited  thereby,  or  by  this  act,  perpetu- 
ally, subject  to  the  power  of  the  General 
Assembly,  under  the  Constitution  of  this 
Commonwealth. 

Second.  To   maintain   and   defend  judi-    judicial  proceed- 
cial  proceedings.  ing8' 

Third.  To  make  and  use  a  common  seal    seal, 
and   alter  the   same  at  pleasure. 

Fourth.  To  hold,  purchase  and  transfer    Pl.operty. 
such  real   and   personal  property   as  the 
purposes  of  the  corporation  require,  not 
•exceeding  the  amount  limited  by  its  char- 
ter or  by  law. 

Fifth.  To  appoint  and  remove  such  sub- 
ordinate officers  and  agents  as  the  busi- 
ness of  the  corporation  requires,  and  to 
allow  them  suitable  compensation. 

Sixth.  To  make  by-laws  not  inconsist- 
ent with  law,  for  the  management  of  their 
property  and  the  regulation  of  its  affairs. 

Seventh.  To    enter   into   any   obligation    obligations. 


Officers  and 
agents. 


By-laws. 


304 


SCHOOL  LAWS  AND  DECISIONS 


Certificate  of  in- 
corporation. 

What  shall  be  set 
forth. 


necessary  to  the  transaction  of  their  or- 
dinary affairs  (u). 

CCCVII.  Whenever  five  or  more  per- 
sons, three  of  whom  at  least  are  citizens  of 
this  Commonwealth,  shall  voluntarily  as- 
sociate themselves  together  for  the  pur- 
pose of  obtaining  a  charter  of  incorpora- 
tion as  a  college,  university  or  theologi- 
cal seminary  with  power  to  confer  de- 
grees as  aforesaid,  they  shall  prepare  a 
certificate  of  such  intended  incorporation 
which  shall  set  forth: 

I.  The  name  of  the  corporation. 

II.  The  purpose  for  which  it  is  formed. 

III.  The  place  or  places  where  its  busi- 
ness is  to  be  transacted. 

IV.  The  term  for  which  it  is  to  exist. 

V.  The  names  and  residences  of  the 
subscribers. 

VI.  The  number  of  its  directors,  trus- 
tees or  managers  and  the  place  of  resi- 
dence of  those  who  are  chosen  as  such 
for  the  first  year. 

VII.  The  amount  of  assets  in  the  pos- 
session of  said  subscribers  which  are  to 
be  devoted  to  the  purpose  of  establishing 
and  conducting  said  college  or  university. 

VIII.  The  minimum  number  of  persons 

(u)  Act  June  26,  1895,  sec.  1,  P.  L.  p.  327. 


OF  PENNSYLVANIA.  305 

whom  it  is  intended  to  regularly  employ 
as  members  of  the  faculty  of  said  corpora- 
tion. 

IX.  A  brief  statement  of  the  require- 
ments for  admission  and  of  the  course  of 
study  to  be  pursued  in  said  institution  (v). 

CCCVIII.  Notice  of  the  .intention  to  ap-   Publication  oi 

notioe    etc 

ply  for  any  such  charter  shall  be  inserted 
in  two  newspapers  of  general  circulation, 
printed  in  the  proper  county,  for  three 
weeks,  setting  forth  briefly  the  character 
and  object  of  the  corporation  to  be  form- 
ed and  the  intention  to  make  application 
therefor  (w). 
CCCIX.  The   said   certificate   of   incor-   certificate  shall 

be  acknowledged. 

poration  shall  be  acknowledged  by  at 
least  three  of  said  subscribers,  and  be- 
fore the  recorder  of  deeds,  et  cetera,  of 
the  county  in  which  the  business  of  the 
corporation  is  to  be  transacted,  to  be 
their  act  and  deed  and  for  the  purposes 
therein  contained,  and  the  same  having 
been  fully  certified  under  the  hand  and 
official  seal  of  said  recorder  of  deeds,  et 
cetera,  shall  be  presented  to  any  law  shaii  be  present- 
judge  of  a  court  of  common  pleas  of  said  ed  t0  aw:!U  ee' 
county,  accompanied  by  the  proof  of  puo- 

(v)  Act  June  26,  1895,  sec.  1,  P.  L.  p.  327. 
(w)  Act  June  26,  1895,  sec.3,  P.  L\  p.  328. 
20 


306 


SCHOOL  LAWS  AND  DECISIONS 


Shall  be  certified 
to  Superintend- 
ent of  i'ublic  In- 
struction. 


Application  must 
bp  passed  on  by 
"College  and 
University  Coun- 
cil." 


"College  and 
University  Coun- 
cil" established. 


lication  of  the  notice  of  such  application, 
who  is  hereby  required  to  peruse  and  ex- 
amine said  instruments,  and,  if  the  same 
be  found  to  be  in  proper  form  and  within 
the  purposes  of  this  act  and  shall  appear 
lawful  and  not  injurious  to  the  commu- 
nity, he  shall  endorse  thereon  these  facts 
and  shall  thereupon  direct  the  prothono- 
tary  or  clerk  of  said  court  to  transmit 
to  the  Superintendent  of  Public  Instruc- 
tion of  the  Commonwealth  a  certified  copy 
of  said  certificate  of  incorporation,  to- 
gether with  the  said  endorsements  there- 
on (x). 

CCCX.  No  charter  for  such  incor- 
poration, with  power  to  confer  degrees  as 
aforesaid,  shall  be  granted  until  the 
merits  of  the  application,  from  an  educa- 
tional standpoint,  shall  be  passed  upon  by 
a  board  to  be  styled  the  "College  and 
University  Council,"  which  shall  consist 
of  twelve  members,  namely,  the  Governor, 
the  Attorney  General  and  the  Superinten- 
dent of  Public  Instruction,  who  shall  be 
members  ex-officio,  three  persons  selected 
from  the  presiding  officers  of  undenomi- 
national colleges  or  universities  of  this 
Commonwealth,     three    persons    selected 


(x)  Act  June  26,  1895.  sec.  4,  P.  L.  p.  328. 


OF  PENNSYLVANIA. 


307 


from  the  presiding  officers  of  denomina- 
tional colleges  or  universities  of  this 
Commonwealth,  and  three  persons  hold- 
ing official  relationship  to  common  schools 
of  the  State.  Those  who  are  not  ex-officio 
members  shall  be  appointed  by  the  Gov- 
ernor, with  the  advice  and  consent  of  the 
Senate,  for  a  term  of  four  years  (y). 

CCCXI.  No  institution  shall  be  char- 
tered with  the  power  to  confer  degrees, 
unless  it  has  assets  amounting  to  five 
hundred  thousand  dollars  invested  in 
buildings,  apparatus  and  endowments 
for  the  exclusive  purpose  of  promoting  in- 
struction, and  unless  the  faculty  consists 
of  at  least  six  regular  professors  who  de- 
vote all  their  time  to  the  instruction  Of 
its  college  or  university  classes,  nor  shall 
any  baccalaureate  degree  in  art,  science, 
philosophy  or  literature  be  conferred  upon 
any  student  who  has  not  completed  a 
college  or  university  course  covering  four 
years.  The  standard  of  admission  to 
these  four  year  courses  or  to  advanced 
classes  in  these  courses  shall  be  subject 
to  the  approval  of  the  said  council  (z). 
CCCXII.  Upon  the  receipt  of  said  certi- 
fy) Act  June  26,  1895.  sec.  5,  P.  L.  p.  329. 
(z)  Act  June  26,  1895,  sec.  6,  P.  L.  p.  329. 


Members. 


Appointment  and 
term  of  members. 


Assets  necessary 
before  Incorpora- 
tion. 


Faculty. 


Who  can  receive 
degrees. 


Standard  of  ad- 
mission. 


308 


SCHOOL  LAWS  AND  DECISIONS 


when  council         fied  copy  of  certificate  of  incorporation  as 

shall  consider  ,.  .  r 

applications.  directed   in  section  four  of  this  act,  the 

and  approve  or  -j   a  •  ■, 

disapprove  same.  saici  Superintendent  of  Public  Instruction 
shall,  within  sixty  days  thereafter,  cause 
said  "College  and  University  Council"  to 
be  convened  at  such  time  and  place  as 
he  may  designate,  and  said  council  shall 
thereupon  hear  and  consider  said  appli- 
cation, and  if  the  course  of  instruction 
and  standard  of  admission  to  said  insti- 
tution and  the  composition  of  the  faculty 
shall  appear  to  said  council  to  be  suffi- 
cient, and  the  educational  needs  of  the 
particular  locality  in  which  the  proposed 
institution  is  to  be  situated  and  of  the 
.Commonwealth  at  large  are  likely  to  be 
met  by  the  granting  of  said  application, 
the  said  council  shall  thereupon  cause  to 
be  endorsed  on  said  application  or  certifi- 
cate its  findings  and  its  approval  of  the 

Recommendation    same,    together    with    a    recommendation 

to  pnnrt. 

to  the  law  judge  or  court  before  whom 
the  same  was  originally  presented  that 
the  same  be  granted.  If,  in  the  judgment 
of  the  council,  the  said  application  should 
not  be  granted,  it  shall  endorse  thereon 
its  findings,  and  -its  disapproval  of  the 
same  with  a  recommendation  that  said  ap- 
plication berefused.  The  said  certified  copy 
of  said  certificate  shall,  with  the  endorse- 


to  court. 


OF  PENNSYLVANIA. 


309 


ments  thereon,  thereupon  be  returned  to 
the  said  law  judge  or  court.who,  in  finally 
passing  upon  the  application,  shall  be 
guided  in  his  decree  by  the  finding  of  the 
College  and  University  Council.  In  case 
the  law  judge,  after  giving  his  considera- 
tion to  the  findings  of  said  council,  shall 
be  satisfied  with  the  propriety  of  the  ap- 
plication in  view  of  all  the  facts,  he  shall 
approve  the  same  and  order  and  decree 
that,  upon  the  recording  of  said  certifi- 
cate with  the  recommendation  of  said 
council  and  a  copy  of  said  order  of  court 
in  the  recorder's  office  aforesaid,  the  sub- 
scribers thereto  and  their  associates  and 
successors  shall  be  a  corporation  for  the 
purpose  and  upon  the  terms  therein 
stated,  and  thenceforth  the  persons  named 
herein  and  subscribing  the  same,  and 
their  associates  and  successors  shall  be  a 
corporation  by  the  name  therein  given. 
In  case  of  the  disapproval  of  said  appli- 
cation by  the  council  aforesaid  the  pro- 
posed charter  shall  not  be  granted  (a). 

CCCXIIL  In  the  transaction  of  business 
of  said  "College  and  University  Council" 
the  concurrence  of  a  majority  of  the 
members  thereof  shall  be  required  (b). 

(a)  Act  June  26,  1895,  sec.  7.  P.  L.  p.  329. 

(b)  Act  June  26,  1895,  sec.  8.  P.  L.  p.  330. 


Action  of  court  on 
recommendation 
of  council. 


When  subscriber 
shall  be  a  corpor- 
ation. 


When  charter 
shall  not  be 
griinted. 


Majority  of 
council  necessary 
to  decide. 


310 


SCHOOL  LAWS  AN'D  DECISIONS 


Institutions  shall 
be  subject  to  visi- 
tation and  Inspec- 
tion by  council. 


Meetings  of  coun- 
cil. 


Amendments  to 
charters  of  insti- 
tutions already 
incorporated. 


CCCXIV.  All  institutions  chartered  un- 
der this  act  shall  be  subject  to  visitation 
and  inspection  by  representatives  of  the 
council,  and  if  any  one  of  them  shall  fail 
to  keep  up  the  required  standard  the  court 
shall,  upon  the  recommendation  of  the 
council,  revoke  the  power  to  confer  de- 
grees (c). 

CCCXV.  The  council  shall  meet  regu- 
larly on  the  first  Tuesday  of  October  pre- 
ceding the  biennial  session  of  the  Legis- 
lature, and  shall  submit  to  that  body  a 
biennial  report  upon  higher  education  in 
Pennsylvania;  said  report  to  be  printed 
in  connection  with  the  report  of  the  Su- 
perintendent of  Public  Instruction   (d). 

CCCXVI.  Any  college,  university  or 
theological  seminary,  heretofore  incor- 
porated under  the  laws  of  this  Common- 
wealth, may  apply  to  any  law  judge  of 
any  court  of  common  pleas  of  the  county 
in  which  the  business  of  such  corpora- 
tion is  transacted  for  amendment  to  its 
charter,  enabling  it  to  confer  degrees  in 
like  manner  as  institutions  originally  in- 
corporated under  this  act,  and  in  the 
application  therefor  it  shall  follow  the  re- 
quirements of  this  act  in  respect  of  ap- 


(c)  Act  June  26,  1895,  sec.  9.  P.  L.  p.  330. 
(rl)  Act  June  26,  1895,  sec.  10.  P.L.  p.  330. 


OF   PENNSYLVANIA.  311 

plications  for  original  charters  or  incor- 
poration and  the  method  of  procedure 
prescribed  therefor.  Such  applications 
for  amendments  shall  be  acted  upon  by 
the  same  authorities  and  in  the  same 
manner  as  provided  in  this  act  for  the 
original  incorporation  of  colleges,  univer- 
sities and  theological  seminaries.  No 
such  amendment  shall  be  granted,  how- 
ever, unless  the  institution  applying 
therefor  shall  bring  itself  within  the  pro- 
visions of  this  act  as  fully  as  is  required 
fn  the  granting  of  original  charters  under 
this  act  (e). 
CCCXVII.  When  a  college  or  theological   college  hereto- 

tore  incoruorated 

seminary  has  heretofore  been  incorporated    must  have  funds 

invested  amimril- 

by  special  act  of  Assembly,  it  may  obtain  ing  to  $100,000. 
the  power  to  confer  degrees  from  the 
courts  as  above  set  forth,  provided  it 
has  invested  funds  amounting  to  one 
hundred  thousand  dollars  at  the  time  of 
the  passage  of  this  act.  This  act  further- 
more  shall   not   impair   the   authority   of    Act  shall  not  im- 

pair  authority  of 

colleges  heretofore  incorporated  by  such   colleges  in  certain 

cases, 
courts   of   common   pleas   with   power   to 

confer  degrees  in  cases  where  such  insti- 
tutions have  property  or  capital,  at  the 
time   of   the   passage   of   this   act,   of   at 

(e)  Act  June  26.  1895.  sec.  11,  P.L.  p.  330. 


312 


SCHOOL  LAWS  AND  DECISIONS 


Nor  of  universi- 
ties. 


Certain  institu- 
tions n't  included 
under  provisions 
of  this  act. 


least  one  hundred  thousand  dollars,  and 
which  shall,  within  three  months  after 
the  passage  of  this  act,  file  with  the  Su- 
perintendent of  Public  Instruction  of  this 
Commonwealth  a  sworn  statement  that 
the  assets  held  by  them  individually  for 
the  purpose  of  promoting  education  in 
the  higher  branches  of  human  learning 
amounting  to  the  sum  of  one  hundred 
thousand  dollars,  nor  shall  this  act  impair 
the  authority  of  universities  similarly  in- 
corporated by  the  courts  with  the  power 
to  confer  degrees  in  cases  where  such  in- 
stitutions possess  property  at  the  time  of 
the  passage  of  this  act  amounting  to  the 
sum  of  five  hundred  thousand  dollars,  and 
which  shall,  within  three  months  from 
the  passage  of  this  act,  file  with  the  Su- 
perintendent of  Public  Instruction  of  this 
Commonwealth  a  sworn  statement  that 
the  assets  held  by  them  individually  for 
the  purpose  of  promoting  instruction  in 
the  higher  branches  of  human  learning 
amount  to  the  sum  of  five  hundred  thou- 
sand dollars;  none  of  the  provisions  of 
this  act,  however,  shall  be  construed  as 
applying  to  institutions  possessing  capital 
stock  and  established  for  purposes  of  pri- 
vate profit  or  gain  (f). 


(f)  Act  June  26,  1895,  sec.  12,  P.L.  p.  330. 


OF  PENNSYLVANIA.  313 

DISTRICT  SCHOOL  '  LIBRARIES. 

CCCXVIII.  That  whenever,  by  subscrip-  Pch00i  libraries, 
tion  or  otherwise,  a  collection  of  books 
or  funds  to  purchase  the  same,  shall  have 
been  obtained  to  form  a  public  library  in 
and  for  any  common  school  district  in  this 
Commonwealth,  it  shall  be  the  duty  of 
the  board  of  directors  thereof,  for  the 
time  being,  to  select  the  most  suitable 
school  house  therein  in  which  said  library 
shall  be  placed,  preferring,  if  otherwise 
expedient,  the  school  house  in  which  the 
district  institute  is  held,  and  to  provide 
out  of  the  school  funds  of  the  district  a 
suitable  case  or  cases  for  said  library, 
and  for  such  additional  books  as  may 
annually  be  added  thereto  (g). 

CCCXIX.  That  it  shall  be  the  duty  of  Board  to  receive 
the  said  directors  to  receive  into  the  dis- 
trict treasury  all  moneys  contributed  or 
otherwise  obtained  for  the  purchase  or  in- 
crease of  the  district  library,  and  to  select 
and  purchase  the  books  therefor,  or  to  ap- 
point a  committee  of  the  board,  or  of  not 
less  than  three  citizens  of  the  district, 
to  make  such  selection  and  purchase,  and 
also  from  time  to  time  thereafter  to  make 
additional  selections  and  purchases  in  the 


(g)  Act  May  5,  1864,  sec.  1,  P.  L.  p.  826. 


314  SCHOOL  LAWS  AND  DECISIONS 

same  manner,  but  that  no  books  shall  be 
donated  or  placed  in  said  library  without 
the  approbation  and  consent  of  the  select- 
ing committee,  nor  shall  the  proper  board 
of  directors  appropriate  any  of  the  school 
funds  of  the  district  to  the  purchase  of 
books  for  the  library,  except  such  works 
of  a  strictly  professional  character,  as 
shall  be  necessary  and  proper  for  the 
study  and  improvement  of  the  teachers 
of  the  proper  district;  and  all  moneys  re- 
ceived by  said  board  for  library  purposes 
shall  be  annually  accounted  for  at  the 
settlement  of  its  accounts,  in  the  same 
manner  as  common  school  funds  are  now 
by  law  accounted  for  (h). 
Ownership.  CCCXX.  That     the      legal      possession 

and  ownership  of  the  books,  cases  and 
other  appendages  of  the  district  library, 
shall  be  and  remain  in  the  proper  board 
of  directors  and  their  successors  in  office 
as  trustees  for  the  district,  and  that  the 
felonious  taking  and  carrying  away  there- 
of, or  of  any  part  thereof,  or  of  any  book, 
article  or  apparatus  or  furniture,  from  or 
belonging  to  any  common  school  house, 
shall  and  is  hereby  declared  to  be  larceny, 
and  the  breaking  into  a  common  school 

(h)  Act  May  5,  1864,  sec.  2,  P.  L.  p.  827. 


OF  PENNSYLVANIA.  315 

house  at  night  with  intent  to  commit  lar- 
ceny, as  herein  set  forth,  or  any  felony, 
shall  and  is  hereby  declared  to  be  bur- 
glary, and  that  any  larceny  or  burglary 
so  committed,  shall  be  punished  as  in 
other  cases  under  existing  statutes  (i). 

CCCXXI.  That  any  person  over  twelve 
years  of  age,  and  resident  in  the  proper 
district,  whether  contributor  or  not  to 
the  library,  shall  be  entitled,  without 
charge,  to  the  use  of  the  books  thereof, 
according  to  the  rules  and  regulations 
thereof;  but  that  no  book  shall  be  issued 
to  any  minor  without  the  order  of  his  or 
her  parent,  guardian  or  master,  who  shall 
thereupon  become  liable  to  all  the  pen- 
alties for  the  abuse,  loss  or  undue  detain- 
ment of  any  book  by  said  minor;  and  all 
entries  of  the  issue  of  books  duly  made 
in  the  library  list  by  the  librarian  at  the 
time  of  such  issue,  shall  be  prima  facia 
evidence  thereof  in  a  suit  for  any  penalty, 
or  for  the  value  of  any  book  (k). 

CCCXXII.  That  the  proper  board  of  di-    Kuies  and  reguia 
rectors,    and    their    successors    in    office, 
shall   make,   and   from   time   to   time,   as 
shall  be  proper,  alter  and  amend  the  nec- 


(i)  Act  May  5,  1864,  sec.  3,  P.  L.  p.  827. 
(k)  Act  May  5,  1864,  sec.  4,  P.  L.  p.  827. 


316 


SCHOOL  LAWS  AND  DECISIONS 


Penalties. 


Librarian. 


Must  make  set- 
tlement. 


essary  rules  and  regulations  for  the  care, 
issue,  use  and  return  of  the  books  of  the 
district  library  and  ordain  such  penal- 
ties for  the  abuse,  loss  or  undue  detain- 
ment thereof,  as  to  them  shall  seem  just 
and  proper;  which  penalties  shall  be  re- 
coverable as  debts  of  like  amount  are  now 
by  law  recoverable;  and  such  penalties 
shall  either  be  payable  to  the  librarian  in 
compensation  of  his  services,  or  into  the 
library  fund,  as  the  proper  board  of  direc- 
tors shall  determine  (1). 

CCCXXIII.  That  the  secretary  of  the 
proper  board  of  directors,  or  such  other 
member  of  the  board  may  select,  shall  be 
the  general  librarian  of  the  district  li- 
brary; and  that  the  principal  teacher  of 
the  school  held  in  the  house  in  which  the 
library  is  kept,  shall  be  the  assistant  li- 
brarian while  in  charge  of  said  school, 
and  while  so  in  charge,  such  assistant 
librarian  shall  have  the  charge  of  the  li- 
brary, so  far  as  relates  to  the  care,  issue 
and  return  of  books  and  the  keeping  of 
the  list  thereof;  but  that  neither  the  li- 
brarian, as  secretary,  nor  the  assistant, 
as  teacher,  on  going  out  of  office,  shall 
receive  his  final  instalment  of  salary  till 

(1)  Act  May  5,  1864,  sec.  5,  P.  L.  p.  827. 


OF  PENNSYLVANIA.  317 

he  shall  first  have  accounted  for  all  the 
books  belonging  to  the  library,  to  the  sat- 
isfaction of  the  proper  board  (m). 

CCCXXIV.  That  when  the  pupils  or  Duty  of  board. 
other  persons  connected  with  any  com- 
mon school,  shall  have  procured  books  or 
funds  for  the  purchase  of  books  for  a 
school  library  therefor,  it  shall  be  the 
duty  of  the  directors  of  the  proper  dis- 
trict, to  provide  out  of  the  school  funds 
of  the  district,  a  suitable  case  therefor, 
and  also  for  such  additions  as  may  subse- 
quently from  time  to  time  be  made  there- 
to; and  the  selection  and  purchase  of  the    selection  of 

books 

books  for  such  school  library,  and  of  all 
additions  thereto,  shall  be  made  by  a  com- 
mittee composed  of  the  teacher  of  the 
school  for  the  time  being,  and  of  not  less 
than  two  parents  of  pupils  attending 
such  school,  to  be  chosen  by  all  the  at- 
tending pupils;  but  that  no  books  shall 
be  donated  to  or  placed  in  said  library 
without  the  approval  of  the  proper  se- 
lecting committee,  and  that  it  shall  not 
be  lawful  for  the  board  of  directors  to  ap- 
propriate any  of  the  funds  of  the  district 
to  the  purchase  of  books  for  said  school 
library  (n). 

(m)  Act  May  5,  1864,  sec.  6,  P.  L.  p.  828. 
(n)   Aot  Mny  S.  186-1.  see.  7.  p.   r,    p.  828 


318 


SCHOOL  LAWS  AND  DECISIONS 


Entitled  to  use  of 

books. 


Legal  possession, 


Gifts  and  be- 
quests. 


CCCXXV.  That  all  the  pupils  of  the 
proper  school,  and  no  other,  shall  be  en- 
titled to  the  use  of  the  books  of  said'  li- 
brary at  their  homes,  subject  to  such 
rules  relating  to  the  care,  use  and  return 
thereof  as  the  aforesaid  committee,  for 
the  selection  and  purchase  thereof,  shall 
from  time  to  time  establish;  and  that  one 
of  the  pupils  of  said  school  to  be  selected 
by  the  other  pupils,  with  the  consent  of 
the  selecting  committee  aforesaid,  shall 
be  the  librarian  of  the  school  library  (o). 

CCCXXVI.  That  the  legal  possession 
and  ownership  of  the  school  library  shall 
be  in  the  proper  board  of  directors;  the 
felonious  taking  thereof  shall  be  larceny, 
the  issue  list  thereof  shall  be  prima  facia 
evidence  of  delivery,  and  the  penalties  for 
the  abuse,  loss  or  detention  of  books  shall 
be  recoverable  as  hereinbefore  provided 
in  the  case  of  district  libraries  (p). 

CCCXXVII.  That  it  shall  be  lawful  for 
common  school  directors  of  any  district  to 
receive,  hold,  and  use  any  devise,  bequest, 
gift,  grant,  or  endowment  of  property, 
whether  real  or  personal,  which  may  be 
made  to  them  for  the  establishment,  in- 


fo) Act  May  5,  1864,  sec.  S,  P.  L.  p.  828. 
(p)  Act   May  5,  1864,  sec.  9,  P.  L.  p.  828. 


OF  PENNSYLVANIA.  319 

crease  or  support,  either  of  a  district  or 
of  a  school  library  in  existence,  or  to  be 
established  under  the  provisions  of  this 
act,  and  the  same  to  apply  to  the  estab- 
lishment, increase,  and  efficiency  thereof, 
subject,  however,  to  any  terms,  condi- 
tions, or  restrictions  attached  to  such 
devise,  bequest,  gift,  grant,  or  endow- 
ment, and  not  inconsistent  with  the  pur- 
poses of  this  act;  and  the  said  directors, 
and  their  successors  in  office,  shall  have 
authority  to  bring  suit,  and  to  do  all  other 
things  necessary  for  the  recovery,  use. 
and  application  of  the  same  to  the  pur- 
poses aforesaid  (q). 
CCCXXVIII.  Be  it  enacted,  &c,  That  for    May  establish  and 

maintain  a  free 

the  purpose  of  securing  a  system  of  free,  public  library, 
non-sectarian,  public  libraries  on  a  sub- 
stantial and  permanent  basis  throughout 
the  Commonwealth,  authority  is  hereby 
given  to  the  board  of  school  directors,  or 
to  any  board  or  organization  having  con- 
trol of  the  common  schools,  in  each  and 
every  common  school  district,  except  in 
cities  of  the  first  and  second  class,  when- 
ever the  same  may  be  decided  upon  by  a 
majority  vote  of  all  the  members  thereof, 
to  provide  a  place  for  and  establish  and 


(q)  Act  May  5,  1864,  sec.  10,  P.  L.  p.  82S. 


320 


SCHOOL  LAWS  AND  DECISIONS 


School  houses 
may  lie  used. 


Or  building  may 
be  purchased  or 
erected. 


But  cost  of  build- 
ing must  be  pro- 
vided for  before 
purchase. 


Levy  of  tax  for 
purchase  and 
maintenance  of 

library. 


maintain  such  public  library  for  the  gen- 
eral use  of  the  residents  in  the  district, 
subject  to  the  ensuing  provisions  of  this 
act  (r). 

CCCXXIX.  Said  board  may  set  aside 
the  whole  or  a  portion  of  any  school 
house,  now  or  hereafter  erected,  within 
the  district  for  the  uses  and  purposes  of 
such  library,  having  due  regard  to  the 
convenience  of  the  citizens,  and  may 
make  any  changes,  repairs  or  additions 
that  may  be  necessary  to  properly  carry 
out  the  objects  of  this  act,  or,  at  its  op- 
tion, may  lease,  purchase  or  erect  a  suit- 
able building  in  some  convenient  location 
for  the  use,  storage  and  accommodation 
of  such  library,  but  no  land  or  structure 
shall  be  purchased  or  building  commenced 
until  the  cost  thereof  has  been  fully  pro- 
vided for  under  the  laws  regulating  the 
erection  of  new  school  houses  within  the 
district  (s). 

CCCXXX.  It  shall  be  lawful  for  said 
board  to  levy  a  tax  for  the  purchase,  im- 
provement and  maintenance  of  said  li- 
brary not  exceeding  one  mill  in  any  one 
year  on  the  valuation  of  the  property  as- 

(r)  Act  June  28,  1895,  sec.  1,  P.  L.  p.  411. 
(r)  Act  June  28,  1895.  sec.  2.  P.  L.  p.  411 


OF  PENNSYLVANIA. 


321 


Trustees  of 
library. 


sessed  for  school  purposes  in  the  district, 
which  tax  shall  be  collectible  as  the 
school  taxes  of  the  district  are  at  the  time 
of  collecting  the  same  (t). 

CCCXXXI.  The  public  library  of  each 
district  shall  be  under  the  general  man- 
agement of  nine  trustees  acting  as  the 
agents    and    appointees    of      the      school 

board,  who  shall  approve  all  plans  for  its    Powers  and  duties 

of  trustees, 
storage     and     accommodation,     purchase 

and  take  charge  of  all  books,  maps,  docu- 
ments, relicts,  and  literary,  historical  or 
other  contributions,  appoint  all  employes 
and  make  all  regulations  and  do  all  things 
necessary  to  its  government,  preserva- 
tion and  maintenance,  subject  to  the  ap- 
proval of  the  board.     The  president  and   Ex-otticiomeai- 

_  ber  of  board. 

treasurer  of  the  board  and  the  superin- 
tendent of  the  schools  of  the  district  (or 
if  there  is  no  such  officer,  the  secretary 
of  the  board)  shall  be  ex-ofTicio  members 
of  the  board  of  trustees.     The  other  six    Members  of 
members   shall    be  elected   by   the   school   efecied^nd  term 
board,   two  each   for   one,  two   and  three    of- 
years,  and  annually  thereafter  two  mem- 
bers shall  be  chosen  by  said  board  for  the 
term  of  three   years.     Each  trustee  shall 


(t)  Act  June  28.  1895,  sec.  3,  P.  L.  p.  411 
21 


322 


SCHOOL  LAWS  AND  DECISIONS 


Vacancy. 


Report  of  trus- 
tees. 


Libraries  10  be 
under  supervision 
of  State  Libra- 
rian. 


May  receive  gift, 
endowment,  etc. 


How  applied. 


serve  until  his  successor  is  elected,  and 
in  case  of  a  vacancy  it  shall  be  filled  by 
the  school  board  for  the  unexpired  term. 
The  trustees  shall  make  a  report  to  the 
school  board  once  each  year,  and  oftener 
if  called  upon,  of  such  subjects  and  in 
such  manner  as  may  be  required  by  said 
board  (u). 

CCCXXXII.  All  public  libraries  estab- 
lished as  above  shall  be  under  the  general 
supervision  and  subject  to  the  inspection 
of  the  State  Librarian,  who  is  hereby  em- 
powered to  require  reports  thereof  to  be 
made  by  the  trustees  at  such  time  and  in 
such  manner  as  he  may  see  proper  (v). 

CCCXXXIII.  It  shall  be  lawful  for  the 
school  board  of  any  common  school  dis- 
trict, and  their  successors  in  office,  to 
receive  and  hold,  free  from  all  collateral 
inheritance  tax,  any  devise,  bequest, 
grant,  endowment,  gift,  donation  or  con- 
tribution of  property,  real,  personal  or 
mixed,  which  shall  be  made  for  the  es- 
tablishment, improvement  or  mainte- 
nance of  a  public  library  as  herein  pro- 
vided for,  and  the  same  to  apply  to  the 
purpose   for   which   made   or   given,   and 


(u)  Act  June  28,  1895,  sec.  4,  P.  L.  p.  411. 
(v)  Act  June  28,  1S95,  sec.  5,  P.  L.  p.  412. 


OF  PENNSYLVANIA.  323 

said  board,  or  their  successors  in  office, 
are  hereby  authorized  to  bring  suit  and 
do  all  necessary  acts  for  the  recovery, 
holding,  use  and  application  thereof: 
Provided,  That  this  act  shall  not  apply  Proviso', 
to  cities  of  the  first  class:  Provided  fur-  Pr0viso. 
ther,  That  in  cities  which  have  estab- 
lished a  board  of  trustees  for  the  man- 
agement of  a  free  library  established  by 
said  municipality,  any  land  or  buildings 
appropriated  to  free  library  purposes  un- 
der the  operation  of  this  bill,  shall  be 
under  the  control  of  said  board  of  trus- 
tees (w). 

CCCXXXIV.  All  laws  or  parts  of  laws    aepeal. 
inconsistent  herewith  are  repealed  (x). 

MISCELLANEOUS  PROVISIONS. 


Home  for  the  Friendless  Children. 

CCCXXXV.  That  the  board  of  trus- 
tees and  the  board  of  managers,  or  a  ma- 
jority of  each  thereof,  of  any  school  com- 
monly known  as  a  home  for  friendless 
children,  or  institution  for  the  purpose  of 
educating   and    providing   for    friendless, 

(w)  Act  June  28,  1895,  sec.  6,  P.L.  p.  412. 
(x)  Act  June  28,  1895,  sec.  7,  P.  L.  p.  412. 


324 


SCHOOL  LAWS  AND  DECISIONS 


Trustees  may 
petition  court. 


What  the  petition 
to  set  forth. 


destitute,  or  vagrant  children,  now  form- 
ed, organized  or  established,  or  that  may 
hereafter  be  formed,  organized  or  estab- 
lished in  this  Commonwealth,  not  of  a 
denominational  or  sectarian  character, 
shall  have  the  right  to  petition  the  judge 
or  judges  of  the  court  of  common  pleas  of 
the  county  in  which  said  school  or  insti- 
tution is  located,  asking  for  a  decree  au- 
thorizing and  directing  the  payment  of 
moneys,  out  of  the  funds  of  said  county, 
for  the  education  and  support  of  the  chil- 
dren of  such  school  or  institution;  said 
petition  shall  set  forth,  under  the  oath  or 
affirmation  of  the  president  of  the  board 
of  trustees  and  the  president  of  the  board 
of  managers,  of  such  school  or  institution, 
the  number  of  the  children  cared  for  dur- 
ing the  current  year,  the  number  of  chil- 
dren bound  out  or  apprenticed,  the  age 
and  sex  of  the  same,  the  income  and  ex- 
penditures of  such  school  or  institution, 
and  cost  of  educating  and  maintaining 
the  children,  per  capita,  and  such  other 
matter  relative  to  the  wants  or  condition 
of  the  school  or  institution,  and  the  wel- 
fare and  advancement  of  the  children,  as 
the  said  court  may  direct,  for  its  informa- 
tion (y). 


(y)  Act  April  12,  1875,  sec.  1,  P.  L.  p.  46. 


OF  PENNSYLVANIA. 


325 


CCCXXXVI.  That  the  court  of  common   court  to  order 

i,  j     -i       u„n     v,„     payment  from 

pleas  have  the  power,  and  it  shall  be  COUnty  funds, 
their  duty,  on  the  presentation  of  a  peti- 
tion, as  provided  for  in  the  preceding 
section,  after  full  investigation  of  the 
same,  to  order  and  direct  the  commis- 
sioners of  the  county  or  city  in  which 
said  school  or  institution  is  situate,  to 
pay  to  the  treasurer  of  such  school  or  in- 
stitution, out  of  the  county  funds,  such 
sum  or  sums  of  money,  and  in  such  in- 
stalments as,  in  the  discretion  of  the  said 
court,  may  be  deemed  just  and  necessary, 
and  it  shall  be  the  duty  of  the  said  com- 
missioners t»  draw  their  warrants  upon 
the  county  or  city  treasurer  for  the  pay- 
ment of  such  appropriation,  in  such  man- 
ner and  form  as  shall  be  provided  for  by 
the  said   court  (z). 

CCCXXXVII.  That  the  court  of  common 
pleas  shall  appoint  one-third  in  number 
of  the  trustees  and  managers  of  any  such 
school  or  institution  accepting  the  bene- 
fits of  this  act;  to  require  the  treasurer  of 
any  such  school  or  institution  to  furnish 
the  county  or  city  commissioners  an  item- 
ized account  of  the  receipts  and  expen- 
ditures   of    such    schools    or    institution, 


Duty  of  commis- 
sioners. 


The  court  to  ap- 
point. 


(z)  Act  April  12,  1875,  sec.  2.  P.  L.  p.  47. 


326 


SCHOOL  LAWS  AND  DECISIONS 


Admission  of 
friendless  chil 
dren. 


at  the  end  of  each  fiscal  year;  to  adver- 
tise the  same  In  not  less  than  two  weekly 
newspapers,  published  in  the  county, 
supporting  such  school  or  institution,  one 
insertion  weekly,  for  four  successive 
Duty  of  auditors,  weeks;  and  to  require  the  county  auditors, 
controllers,  or  city  controller  of  any  city 
or  county,  as  the  case  may  be,  and  it 
shall  be  the  duty  of  said  officers  to  audit, 
settle  and  adjust  the  accounts  of  the  said 
treasurer,  and  to  make  report  thereof  to 
the  said  court  (a). 

CCCXXXVIII.  That  when  any  such 
school  or  institution  has  accepted  the  pro- 
visions of  this  act,  and  has  sufficient 
building  capacity,  the  management  there- 
of shall  admit  to  the  benefits  of  any  such 
school  or  institution  any  friendless,  des- 
titute or  vagrant  child,  recommended  for 
admission  by  the  board  of  school  direc- 
tors of  the  school  district  in  which  such 
child  may  reside  or  be  found,  or  by  the 
directors  of  the  poor  of  any  county  in 
which  such  school  or  institution  is  lo- 
cated, guardians  of  the  poor,  overseers  of 
the  poor  or  poor  directors,  as  the  case 
may  be,  of  any  city  or  district  included 
in  said  county;  in  case  any  child  is  re- 


(a)  Act  April  12,  1875,  sec.  2,  P.  L.  p.  47. 


OF  PENNSYLVANIA. 


527 


fused  admission  the  said  court  of  common 
pleas,  on  complaint  made  thereto  by  any 
person,  after  due  and  legal  proof  of  such 
refusal,  shall  enjoin  the  payment  of 
moneys  out  of  the  county  funds  as  au- 
thorized by  this  act:  Provided,  however,  Proviso. 
That  no  child  shall  be  admitted  under 
the  age  of  four  years  nor  above  the  age 
of  sixteen  (b). 

CCCXXXIX.  That  the  judges  of  the  tvu'ts^r9s  of  lnstl" 
court  of  common  pleas  of  the  several 
counties  of  this  Commonwealth  are  here- 
by constituted  and  appointed  ex-officio 
visitors  of  any  such  school  or  institution, 
and  the  grand  jury  of  the  court  of  quarter 
sessions  of  the  county  in  which  any  such 
school  or  institution  is  located  shall,  as 
often  as  directed  by  the  said  court,  visit, 
examine  and  inspect  the  needs  and  man- 
agement of  any  such  school  or  institu- 
tion, and  the  condition  of  the  children 
therein  as  directed  by  the  said  court, 
and  report  the  same  to  the  said  court  (c). 

CCCXL.  That  the  board  of  trus- 
tees and  the  board  of  managers  of  any 
such  school  or  institution  desiring  to  ac- 
cept the  provisions  of  this  act  shall  set 


Acceptance  Of 
act. 


(b)  Act  April  12,  1875,  sec.  4,  P.  L.  p.  47. 

(c)  Act  April  12.  1S75,  sec.  5,  P.  L.  p.  48. 


328 


SCHOOL  LAWS  AND  DECISIONS 


Teachers. 


forth  the  same  in  their  first  petition  pre- 
sented to  the  said  court  of  common  pleas 
as  authorized  in  the  first  section  of  this 
act.  No  teacher  shall  be  employed  in 
any  such  school  or  institution  who  has 
not  received  a  valid  certificate  from  the 
superintendent  of  the  schools  of  the  coun- 
ty in  which  such  school  or  institution  is 
situated  (d). 


When  evening 
schools  to  be 
opened. 


Average  daily 
attendance. 


Evening  Schools. 

CCCXLI.  That  it  shall  be  the  duty 
of  the  board  of  school  directors  or  school 
controllers  of  any  school  district  in  this 
Commonwealth,  upon  the  application  of 
the  parents  of  twenty  or  more  pupils 
above  the  age  of  six  years,  residents  of 
said  school  district,  to  open  a  free  even- 
ing school  for  their  tuition  in  ortho- 
graphy, reading,  writing,  arithmetic  and 
such  other  branches  as  may  be  deemed 
advisable,  and  to  keep  open  said  school 
for  a  term  not  less  than  four  months  in 
each  year,  each  of  the  said  months  to 
consist  of  twenty  days,  and  each  of  said 
days  and  an  evening  session  of  at  least 
two  hours:  Provided  however,  That  when 
the    average    daily    attendance    for    one 


(d)  Act  April  12,  1875,  sec.  6,  P.  L.  p.  48. 


OF  PENNSYLVANIA.  329 

month    falls    below     fifteen     daily,   said 
school  directors  or  school  controllers  may, 
at  their  option,  close  said  evening  school 
for  the  remainder  of  said  term  (e). 
CCCXLII.  That   upon   such   application    to  be  opened  at 

ODCG 

the  board  of  school  directors  or  school 
controllers  shall  proceed.without  unneces- 
sary delay,  to  hire  a  competent  teacher 
and  open  said  evening  school  in  a  con- 
venient location:  Provided  however,  That 
two  or  more  contiguous  school  districts  contiguous  dis- 
may at  any  time  unite  in  the  establish-  tncts 
ment  and  support  of  one  or  more  evening 
schools,  and  contribute  pro  rata  to  the 
expense  of  their  maintenance  (f). 

CCCXLIII.  That  the  qualifications  of  Qualifications  of 
teachers  for  said  evening  school  shall  be  teacbeis- 
the  same  as  those  for  the  teachers  of  the 
public  schools  of  the  Commonwealth  as 
already  made  and  provided,  or  as  may 
hereafter  be  made  and  provided  by 
law  (g). 

CCCXLIV.  That    the    expenses   for    the    Expenses, 
support  and  maintenance  of  said  evening 
schools  shall  be  defrayed  out  of  the  taxes 
raised    for    the    support    of    the    common 


(e)  Act  May  22,  1883,  sec.  1,  P.  L.  p.  37. 

(f)  Act  May  22,  1883,  sec.  2,  P.  L.  p.  37. 

(g)  Act  May  22.  1883,  sec.  3,  P.  L.  p.  ?,1 

21* 


330 


SCHOOL  LAWS  AND  DECISIONS 


Evening  high 
schools  may  be 
established. 


Not  to  be  admit- 
ted. 


Additional 
teacher. 


schools:  Provided,  That  said  school  board 
may,  in  making  their  estimates  for  the 
school  year,  allow  and  set  aside  a  cer- 
tain sum  for  the  support  and  mainte- 
nance of  said  evening  schools,  and  levy 
and  collect  their  tax  rate  accordingly  (h). 

CCCXLV.  That  the  board  of  school  di- 
rectors or  school  controllers  of  any  school 
district  may,where  necessary,  establish  an 
evening  high  school,  and  that  the  boards 
of  school  directors  or  school  controllers  of 
two  or  more  contiguous  school  districts 
may  unite  for  the  establishment  and  sup- 
port of  an  evening  high  school,  the  cur- 
riculum of  which  shall  be  drawn  up  and 
arranged  by  the  several  school  boards  in 
joint  session  met  and  assembled,  accord- 
ing to  the  best  judgments  and  the  neces- 
sities of  their  respective  districts  (i). 

CCCXLVI.  That  no  pupil  shall  be  ad- 
mitted to  said  evening  school  who  is  un- 
employed during  the  day,  or  in  actual  at- 
tendance upon  any  school  during  the  day, 
public  or  private  (k). 

CCCXLVII.  That  when  the  average 
daily  attendance  upon  said  schools,  for  one 


(h)  Act  May  22,  1883,  sec.  4,  P.  L.  p.  37. 
(i)  Act  May  22,  1883,  sec.  5,  P.  I.,  p.  38. 
(k)  Act  May  22,  1883.  soc.  6,  P.  L.  p.  38. 


OF  PENNSYLVANIA.  331 

month  exceeds  fifty  pupils,  an  additional 
teacher  may  be  engaged  and  retained 
until  the  average  daily  attendance  falls 
to  or  below  forty  (1). 

CCCXLVIII.   That    Should    any   board    Of    Procedure  on  re- 
....  ,,  ,  fusal  to  establish 

school  directors  or  controllers  neglect  or  evening  school, 
refuse  to  carry  out  the  provisions  of  this 
act,  the  petitioners  aforesaid  may  present 
their  petition  to  the  court  of  common 
pleas  of  the  proper  county,  setting  forth 
that  application  has  been  made  to  the 
proper  board  of  school  directors  or  con- 
trollers aforesaid,  and  that  said  board 
had  neglected  or  refused  to  carry  out  the 
provisions  of  this  act;  whereupon  such 
court  shall,  after  due  proof  of  notice  of  Duties  of  the 
the  presentation  of  such  petition  have  court' 
been  served  upon  the  president  and  sec- 
retary of  such  board,  proceed  to  hear  and 
determine  as  to  the  necessities  and  pro- 
priety of  the  establishment  of  such 
school  or  schools,  and  in  its  discretion 
order  the  board  of  school  directors  or 
controllers  to  open  and  maintain  such 
school  or  schools,  with  power  to  en- 
force such  order  by  attachment  or  man- 
damus, at  the  discretion  of  the  court  (m). 
CCCXLIX.  That  the  provisions  of  this 


(1)  Act  May  22,  1883,  sec.  7,  P.  L.  p.  38. 

(m)  Act  May  22,  1883.  sec.  8,  P.  L.  p.  38. 


332 


SCHOOL  LAWS  AND  DECISIONS 


When  to  take 
effect. 


Cited  for  repeal. 


Additional 
teachers. 


act  shall  not  go  into  force  until  the  be- 
ginning of  the  regular  school  year,  Anno 
Domini  one  thousand  eight  hundred  and 
eighty-three:  Provided,  That  the  provi- 
sions of  this  act  shall  not  apply  to  any 
part  or  section  of  the  State  where  special 
provision  exists  for  night  school  (n). 

CCCL.  That  section  seven  of  an 
act  entitled  "An  act  to  provide  at  the  pub- 
lic expense,  free  evening  schools  for  the 
education  of  the  children  of  this  Common- 
wealth, who,  from  any  cause,  are  unable 
to  attend  the  public  schools,  approved 
May  twenty-second,  Anno  Domini  one 
thousand  eight  hundred  and  eighty-three, 
which  reads  as  follows: 

"That  when  the  average  daily  attend- 
ance upon  said  schools,  for  one  month, 
exceeds  fifty  pupils,  an  additional  teacher 
may  be  engaged  and  retained  until  the 
average  daily  attendance  falls  to  or  below 
forty,"  be  and  the  same  is  hereby  amend- 
ed to  read  as  follows: 

That  as  the  average  daily  attendance 
increases,  additional  teachers  may  be 
engaged  and  retained  at  the  discretion  of 
the  school  directors  or  controllers  afore- 
said (o). 


(n)  Act  May  22,  1883,  sec.  9,  P.    L.  p.  38. 
(ol  Act  May  7,  1889,  sec.  1,  P.  L.  p.  110. 


OF  PENNSYLVANIA.  333 

AN    ACT 

Defining  the  powers  of  boards  of  direc- 
tors of  sub-district  schools,  of  cities  of 
the  second  class,  to  provide  for  the 
purchasing  of  lots  of  ground,  erection 
of  school  buildings,  and  other  expenses 
of  maintaining  schools  in  their  respec- 
tive districts,  and  to  borrow  money  for 
such  purposes. 

Section  1.  Be  it  enacted,  &c,  That  the  May  purchase 
several  boards  of  directors  of  the  sub-dis-  lots- 
tricts  of  cities  of  the  second  class  shall 
have  the  power  to  purchase  lots  of 
ground,  to  erect,  enlarge  and  repair  school 
buildings  thereon,  to  purchase  furniture, 
apparatus,  books,  stationery  and  fuel,  and 
to  pay  janitors  in  their  respective  dis- 
tricts, and  to  borrow  moneys,  and  pro- 
vide for  the  payment  thereof,  with  its  in- 
terest, and  to  levy  taxes  for  such  pur- 
poses, as  fully  as  such  power  existed  and 
belonged  to  said  boards,  prior  to  the  paa^ 
sage  of  the  act  entitled  "An  act  in  re- 
lation to  cities  of  the  second  class,  pro- 
viding for  the  levy,  collection  and  dis- 
bursement of  taxes,"  approved  the  twen- 
ty-second day  of  March,  Anno  Domini 
one  thousand  eight  hundred  and  seventy- 
seven.— P.   L.   18S1,  page  29. 


Levy  taxes. 


334 


SCHOOL  LAWS  AND  DECISIONS 


Mechanic  arts. 


Section  1,  act  of 
J  une  25.  1885, 
quoted  for  amend- 
ment. 


AN  ACT 

To  amend  an  act,  entitled  "An  act  author- 
izing central  boards  of  education,  in 
cities  of  the  second  class,  to  establish 
and  maintain  schools  for  instruction  in 
the  mechanic  arts  and  kindred  sub- 
jects," approved  the  twenty-fifth  day  of 
June,  Anno  Domini  one  thousand  eight 
hundred  and  eighty-five,  so  as  to  ex- 
tend the  provisions  thereof  to  cities  of 
the  third  class. 

Section  1.  Be  it  enacted,  &c,  That  sec- 
tion one  of  the  act,  entitled  "An  act  au- 
thorizing central  boards  of  education,  in 
cities  of  the  second  class,  to  establish  and 
maintain  schools  of  instruction  in  the  me- 
chanic arts  and  kindred  subjects,"  ap- 
proved the  twenty-fifth  day  of  June,  Anno 
Domini  one  thousand  eight  hundred  and 
eighty-five,  which  reads  as  follows: 

"That  in  every  city  of  the  second  class, 
the  central  board  of  education  shall  have 
power  to  establish  and  maintain  one  or 
more  schools  for  the  instruction  of  pupils 
in  the  useful  branches  of  the  mechanic 
arts  and  kindred  subjects,  to  provide  the 
necessary  buildings,  machinery,  appara- 
tus and  materials,  and  to  employ  teachers 
and  jnstnietors  therefor,"  be  and  the  same 


OF  PENNSYLVANIA. 


335 


is  hereby  amended  so  as  to  read  as  fol- 
lows: 

That  in  every  city  of  the  second  class, 
the  central  board  of  education,  and  in 
every  city  of  the  third  class,  the  board  of 
school  controllers,  shall  have  power  to 
establish  and  maintain  one  or  more 
schools  for  the  instruction  of  pupils  in 
the  useful  branches  of  the  mechanic  arts 
and  kindred  subjects,  to  provide  the  nec- 
essary buildings,  machinery,  apparatus 
and  materials,  and  to  employ  teachers 
and  instructors  therefor. 

Approved— The  21st  day  of  May,  A.  D. 
1895.— P.  L.  p.   86. 


In  citiesof  second 
and  third  classes, 
mechanical  art 
schools  may  be 
established. 


Teachers  tnere- 
for. 


AN   ACT 

To  authorize  sub-district  school  boards, 
boards  of  control  or  boards  of  education 
of  cities  of  the  second  class  in  this 
Commonwealth  to  co-operate  with  and 
appropriate  moneys  to  kindergarten 
schools. 


Section  1.  Be  it  enacted,  &c, 
boards  of  education  or  boards  of  control 
or  sub-district  school  boards  of  the  cities 
of  the  second  class  in  this  Commonwealth 
are  hereby  authorized  to  co-operate  with 
regularly    organized    kindergarten    asso- 


That     Co-operation  of 
school  boards 
with  kindergarten 
associations. 


336  SCHOOL  LAWS  AND  DECISIONS 

ciations,  and  may  appropriate  from  thp 
school  funds  such  sums  of  money  as  may 
be  required  to  properly  conduct  kinder- 
garten schools. 

Approved  the  24th  day  of  June,  A.   D. 
1S95.— P.   L.  page  265. 


OF  PENNSYLVANIA.  337 


APPENDIX. 


1.  RULES  OF  ORDER. 

The  following  rules  of  order  are  inserted  to  aid  boards 
of  directors  in  the  transaction  of  business.  They  con- 
sist, mainly,  of  some  of  the  plainest  provisions  of  par- 
liamentary law.  Each  board  should  make  them  binding 
by  a  vote  to  that  effect: 

1.  Four  members  being  nresent,  precisely  at  the  hour 
to  which  the  board  stands  adjourned,  the  president  shall 
take  the  chair,  call  the  members  to  order  and  proceed 
to  business. 

2.  Should  a  quorum  be  assembled  at  the  hour  ap- 
pointed, and  the  president  be  absent,  a  president  pro 
tem.  shall  be  appointed  to  serve  during  that  meeting,  or 
until  the  president  shall  appear. 

3.  Should  a  quorum  not  assemble  at  the  hour  appoint- 
ed, the  director  or  directors  present  shall  be  competent 
to  adjourn  from  time  to  time,  that  an  opportunity  may 
be  given  for  a  quorum  to  assemble,  without  which  no 
business  can   be  legally  transacted. 

22 


338  SCHOOL  LAWS  AND  DECISIONS 

4.  In  tne  transaction  of  business,  the  following  order 
shall  be  observed:  1st,  recording  the  names  of  directors 
present;  2d,  reading  minutes;  3d,  unfinished  business; 
4th,  reports  of  standing  committees;  5th,  reports  of 
special  committees;  Gth,  new  business,  and  7th,  ad- 
journment. 

5.  It  shall  be  the  duty  of  the  president,  at  all  times, 
to  preserve  order,  and  to  endeavor  to  conduct  all  busi- 
ness before  the  board  to  a  speedy  and  proper  result. 

6.  The  president,  as  such,  has  no  casting  vote,  his 
right  is  to  vote  on  every  question  by  virtue  of  his  mem- 
bership. 

7.  The  president  may  speak  to  points  of  order  in  pre- 
ference to  other  members,  and  shall  decide  questions 
of  order,  subject  to  an  appeal  to  the  board  by  any  two 
members. 

8.  A  motion  made  must  be  seconded,  and  then  re- 
peated distinctly  by  the  president  or  read  aloud  before 
it  is  debated,  and  every  motion  shall  be  induced  to  writ- 
ing if  the  president  or  any  member  requires  it. 

9.  Any  member  who  shall  have  made  a  motion  shall 
have  liberty  to  withdraw  it,  with  the  consent  of  his 
second,  before  any  debate  has  taken  place  thereon,  but 
not  after  debate  is  had  without  leave  being  granted  by 
the  board. 

10.  The  consideration  of  any  question  may  be  post- 
poned to  a  time  fixed,  or  the  question  may  be  suppressed 
altogether  by  an  indefinite  postponement. 

11.  A  motion  once  voted  down  cannot  be  renewed  at 
the  same  meeting  of  the  board  without  the  consent  of 
four  members. 


OF  PENNSYLVANIA.  339 

12.  An  amendment  may  be  moved  on  any  motion,  anu 
shall  be  decided  before  the  original  motion;  but  no  more 
than  one  amendment  to  an  amendment  shall  be  enter- 
tained. 

13.  If  a  motion  under  debate  is  composed  of  two  or 
more  parts,  which  are  so  far  independent  of  each  other 
as  to  be  susceptible  of  division  into  several  questions, 
any  two  members  may  have  it  divided  and  a  vote  taken 
on  each  part. 

14.  When  any  business  is  brought  regularly  before 
the  board,  the  consideration  of  the  same  cannot  be  inter- 
rupted except  by  a  motion — for  adjournment;  to  lie  on 
the  table;  for  the  previous  question;  for  postpone- 
ment;   for  commitment,  or  for  amendment. 

15.  A  motion  for  adjournment  shall  always  be  in  order 
and  shall  be  decided  without  debaite,  except  that  it  can- 
not be  entertained  when  the  board  is  voting  on  another 
question  or  while  a  member  is  addressing  the  board. 

16.  The  previous  question  cannot  be  moved  by  less 
than  three  members  rising  for  that  purpose,  and  when 
thus  called,  all  debate  shall  be  precluded;  yet  the  call 
for  the  previous  question  shall  not  cut  off  any  pending 
amendment,  but  the  vote  shall  be  taken  without  debate 
on  the  amendments  in  their  order  and  finally  on  the 
main  question. 

17.  A  motion  for  postponement  precludes  commitment, 
and  a  motion  for  commitment  precludes  amendment  or 
decision  on  the  original   subject. 

18.  A  motion  for  reconsideration  can  only  be  enter- 
tained when  made  and  seconded  by  members  who  were 
in  the  majority  on  the  vote  on  the  original  question. 


340  SCHOOL  LAWS  AND  DECISIONS 

19.  When  a  blank  is  to  be  filled  the  question  shall  be 
first  taken  on  the  largest  sum,  the  greatest  number  and 
the  remotest  day. 

20.  On  questions  of  order,  adjournment,  postponement, 
commitment  or  the  previous  question,  no  member  shall 
speak  more  than  once;  on  all  other  questions  each  mem- 
ber may  speak  twice,  but  not  oftener  without  express 
leave  being  granted  by  the  board. 

21.  If  the  previous  question  be  decided  in  the  negative 
the  effect  shall  be  to  arrest  the  discussion  and  produce 
an  indefinite   postponement. 

22.  No  member  shall  be  interrupted  while  speaking, 
unless  he  be  out  of  order,  or  for  the  purpose  of  correct- 
ing mistakes  or  misrepresentations. 

23.  No  member  in  the  course  of  debate  shall  be  al- 
lowed to  indulge  in  personal  reflections. 

24.  If  any  member  act  in  any  respect  in  a  disorderly 
manner,  it  shall  be  the  privilege  of  any  member,  and  the 
duty  of  the  president,  to  call  him  to  order. 

25.  If  any  member  consider  himself  aggrieved  by  a  de- 
cision of  the  chair,  it  shall  be  his  privilege  to  appeal  to 
the  board,  and  the  vote  on  such  appeal  shall  be  taken 
without  debate. 

26.  Members  should  not  decline  voting  on  aDy  ques- 
tion without   weighty  reasons. 

27.  It  shall  be  the  duty  of  the  president  to  appoint  all 
committees,  except  when  the  board  may  decide  other- 
wise. 

28.  The  person  first  named  on  any  committee  shall  be 
considered  the  chairman  thereof,  whose  duty  it  shall  be 


OF  PENNSYLVANIA.  341 

to  convene  the  committee,  and  in  case  of  his  absence 
or  inability  to  act,  the  second  named  member  shall  take 
his  place  and  perform  his  duties. 

29.  When  the  president  has  commenced  taking  a  vote 
no  further  debate  or  remark  shall  be  admitted,  unless 
there  has  evidently  been  some  mistake,  in  which  case 
the  mistake  shall  be  rectified,  and  the  president  shall  re- 
commence taking  the  vote. 

30.  Any  two  members  may  require  the  recording  of 
the  yeas  and  nays  on  any  question. 

31.  The  first  person  recognized  by  the  president  as  de- 
siring to  speak  has  the  right  to  the  floor. 

II.   COMMON   SCHOOL  FORMS. 
1.  Form  of  Bond  of  Collector  of  School  Tax. 

Know  all  men  by  these  presents,  That  we  

are  held  and  firmly 

bound  unto  the  Commonwealth  of  Pennsylvania,  in  the 

sum  of  dollars,  lawful  money  of  the  United 

States  of  America,  to  be  paid  to  its  certain  attorney,  to 
which  payment  well  and  truly  to  be  made  and  done,  we 
do  bind  ourselves,  our  heirs,  executors  and  administra- 
tors,   firmly,   jointly   and    severally,    by   these   presents. 

Sealed  with  our  seals  and  dated  the    day 

of  18 

Whereas,    The  above  bounden    has 

been  duly  elected  and  returned  to  the  court  of  quarter 
sessions  of  the  peace  of  the  county  of  as  col- 
lector of  taxes  of  the    of    in   the  said 


342  SCHOOL  LAWS  AND  DECISIONS 

county  for  the  ensuing  year  and  has  been  duly  qualified 
according  to  law: 

Now,  the  condition  of  this  obligation  is  such,  that,  if 

the  said   shall  and  do,  well  and  truly  collect 

and  pay  over  or  account  for,  according  to  law,  the 
whole  amount  of  taxes  charged  and  assessed  in  the  dupli- 
cates which  shall  be  delivered  to  him,  and  faithfully  dis- 
charge the  duties  appertaining  to  the  office  of  colleetor 
of  taxes  according  to  law,  then  this  obligation  to  be  void, 
otherwise  to  be  and  remain  in  full  force  and  virtue. 

Sealed  and  delivered  in  the  presence  of 

(L.  S.) 

(L.  S.) 

County  of  ,  ss: 

I having  been   duly   elected   col- 
lector of  the  taxes  of  the of do 

that  I  will  support  the  Constitution  of  the  United  States 
and  Constitution  of  the  Commonwealth  of  Penn- 
sylvania, and  that  I  will  well  and  truly  collect 
and  pay  over  or  account  for,  according  to  law, 
the  whole  amount  of  taxes  charged  and  assessed  in  the 
duplicates,  which  shall  be  delivered  to  me,  and  faithfully 
discharge  the  duties  of  said  office  according  to  law  and 
the  best  of  my  judgment  and  ability. 

Sworn   and  subscribed   before  me  this    day 

of    18...,  ' 

Clerk. 


OF  PENNSYLVANIA.  343 

2.  Form  of  Warrant  to  Collector  of  School  Tax. 

County,  District,  ss: 

To  C D ,  Collector  of  

School  district  in  said  county. 

These  are  to  require  you  to  collect  and  receive  from 
persons  assessed,  the  several  sums  in  your  duplicate  re- 
spectively mentioned,  and  you  shall  complete  and  pay 
unto  Esq.,  treasurer  of  said  school  dis- 
trict, on  or  before  the   day  of next, 

all  such  sum  or  sums  of  money  as  you  may  then  have 
collected,  at  which  time  the  board  of  school  directors 
will  attend  at  their  place  of  meeting  in  said  district, 
and  make  an  abatement  of  deficiencies,  mistakes,  or  for 
indigent  persons,  &c.  And  if  any  person  or  persons 
shall  neglect  or  refuse  to  make  payment  within  thirty 
days  after  lawful  demand  made  by  you,  it  shall  and  may 
be  lawful  to  and  for  you,  and  you  are  hereby  commanded 
and  required  to  levy  the  said  tax  by  distress  and  sale  of 
the  goods  and  chattels  of  such  delinquent,  giving  ten 
days'  notice  of  such  sale,  by  written  or  printed  adver- 
tisements, rendering  the  overplus  (if  any  be)  to  the 
owners.  And  in  case  goods  and  chattels  cannot  be 
found  sufficient  to  satisfy  the  same,  With  costs  of  suit, 
then  you  shall  take  the  body  of  every  such  person  and 
bring  him  to  the  county  jail,  and  deliver  him  to  the 
sheriff  or  keeper  of  said  jail,  who  shall  detain  and  keep 
him  in  safe  custody  without  bail  or  mainprize,  until 
payment  shall  be  made. 

And  you  shall  complete  and  pay  unto  the  said 


:7.4l  SCHOOL  LAWS  AND  DECISIONS 

the  whole  amount  of  your  duplicate,  except  such   defi- 
ciencies, &c,  as  shall  have  been  allowed  as  aforesaid, 

on  the  day  of  next. 

Given  under  my  hand  and  seal,  the day  of 

Anno  Domini  18. . . 

A B L.  S.) 

Pres't  Board  School  Directors   district. 

Countersigned: 

G H 

Secretary  of  the  Board. 

3.  Form  of  Certificate  to  County  Commissioners  for  Non- 
payment of  School  Tax  on  Unseated  Lands. 

To  the  commissioners  of  the  county  of 

Gentlemen:— I    do    hereby    certify    that    the    following 
school    tax    on    unseated    lands    within    the    district    of 

was   regularly   assessed   and    set   forth    in 

the  duplicate  of  school  tax  for  the  year  18 delivered 

to  me  for  collection  by  the  president  of  the  board  of  di- 
rectors thereof,  and  that  the  same  has  not  been  paid  to 
me  by  the  owner  thereof.  You  are  therefore  required 
to  cause  the  same  to  be  collected  and  paid  over,  agree- 
ably to  the  thirty-fourth  section  of  the  act  entitled  "An 
act  for  the  regulation  and  continuance  of  a  system  of 
education  by  common  schools,"  passed  May  8,  1854,  and 
rhe  eighth  section  of  the  supplement  thereto,  passed 
April  11,  1862,  viz: 

Upon  the  land  of  A.  B $00  00 

Do: C.  D., 00  00 

$00  00 


OF  PENNSYLVANIA.  345 

E F 

Collector   of    school   district, 

county. 

,  August  ...,  A.  D.  18 

This  certificate  must  be  delivered  to  the  county  com- 
missioners previous  to  the  first  of  January. 

i 
4.  Form  of  Certificate  of  Unpaid  Balance  by  Collector,  to 
be  Filed  in  the  Prothonotary's  Office. 

To  the  Prothontary  of  the  Court  of  Common   Pleas  of 
the  county  of  

I    hereby    certify,    That    school    tax    for    the   current 

school  year,  in  the  district  of ,  in  said  county, 

to  the  amount  of  (insert  the  amount  in  words)  is  due 
and  unpaid  by school  tax  collector  of  said  dis- 
trict, at  the  date  hereof,  which  you  are  required  to  enter 

against  said  and  and  ,  who 

are  his  sureties,  in  accordance  with  the  provisions  of  the 
thirteenth  section  of  the  act,  entitled  "A  further  supple- 
ment to  the  act,  entitled  'An  act  for  the  regulation  and 
continuance  of  a  system  of  education  by  common 
schools,'  "  &c,  approved  April  11,  1862. 

Dated  this day  of  ,  A.  D.  one  thou- 
sand eight  hundred  and   

President  Board  School  Directors  said  district. 

Attest: — C D , 

Secretary. 


346  SCHOOL  LAWS  AND  DECISIONS 

5.  Form  of  Bond  of  District  Treasurer. 

Know  all  men  by  these  presents,  that  we,  C 

D E F and  G H ,  of  

in    county,    Pennsylvania,    are    held    and    firmly 

bound   to   A B president   of   the   board   of 

school  directors  of school  district,  in  

county,  for  the  use  of  said  school  district,  in  the  sum  of 
(here  insert  double  the  amount  of  the  sum  that  will 
probably  come  into  the  hands  of  the  treasurer  for  one 
year,  for  school  purposes)  dollars,  lawful  money,  to  be 
paid  to  the  said school  district;  to  which  pay- 
ment well  and  truly  to  be  made  and  done,  we  bind  our- 
selves, jointly  and  severally,  our  heirs,  executors  and  ad- 
ministrators, and  every  of  them,  firmly  by  these  pres- 
ents.    Sealed  with  our  seals. 

Dated  the day  of in  the  year  of  our  Lord 

one  thousand  eight  hundred  and   

Whereas,    The    said   C D has   been    duly 

chosen  treasurer  of  the  said  school  district,  for 

and  during  the  term  of  one  year  from  the  date  hereof. 
The  condition  of  this  obligation  is  such,  that  if  the  said 

C D shall  and  do  well  and  faithfully  perform 

all  the  acts  and  duties  lawfully  pertaining  to  his  office 
as  district  treasurer  aforesaid,  according  to  the  terms 
of  the  school  law,  approved  the  8th  day  of  May,  A.  D. 
1854,  and  the  supplements  thereto,  then  this  obligation 
to  be  void;  else  to  be  and  remain  in  full  force  and 
virtue.  And  further,  we  do  hereby  empower  any  at- 
torney of  any  of  the  courts  of  record  of  this  State  or 
elsewhere,    to    appear    for    us,    and    after    one    or    more 


OF  PENNSYLVANIA.  347 

declarations  filed   for   the  above  penalty,   thereupon   to 
confess  judgment  or  judgments  against  us,  as  of  the  last, 

next,   or  any   subsequent  term,  with    stay  of 

execution,  and  with  release  of  errors,  &c. 

C D L.  S.) 

E F (L.  S.) 

G H (L.  S.) 

Sealed  and  delivered  in  presence  of 

L M 

N 0 

6.  Form  of  Order  on  District  Treasurer. 

,  August   ...,  A.  D.  18... 


To  the  Treasurer  of school  district, 

county: 

Sir : — Pay  to  E F or  order  dol- 
lars and   cents,  being  one  month's  salary  due 

him  as  teacher  up  to (or  on  account  of  salary,  or 

for  fuel  furnished  to  school  house,  or  for  rent 

for  school  house,  &c,  as  the  case  may  be;)  for  which 
this  will  be  your  sufficient  voucher  on  settlement  of  your 
accounts. 

By  order  of  the  board  of  directors. 

A B 

Countersigned:  President. 

C D , 

Secretary. 


348  SCHOOL  LAWS  AND  DECISIONS 

7.  Form  of  Agreement  Between  Directors  and  Teachers. 

It  is  agreed  by  and  between   teacher, 

and  the  board  of  directors  of school  district 

in    county,   that  said  teacher  shall, 

under  the  supervision  and  exclusive  direction  of  said 
board  and  their  successors,  but  subject,  nevertheless,  to 
the  visitation  and  lawful  authority  of  the  county  super- 
intendent, teach  in  school  house  for  the  term 

of  months,  at  a  compensation  of  per 

month,  to  be  paid   ;    reserving  the  right  to  the 

board  of  directors  for  the  time  being,  to  dismiss  the 
said  teacher  at  any  time  whatever,  for  any  of  the  causes 
specified  in  the  twenty-third  section  of  the  act  of  May  8, 
1854,  entitled  "An  act  for  the  regulation  and  continuance 
of  a  system  of  education  by  common  schools." 

In  witness  whereof  the  parties  have  hereunto  set  their 

hands  and  seals  day   ,  A. 

D.  18.... 

A B ,  (L.   S.) 

President  Board  of  Directors. 

C D ,    (L.  S.) 

Countersigned:  Teacher. 

E P 


Secretary  of  Board. 


OF  PENNSYLVANIA.  349 

8.  Form  of  Annual  Statement  of  District  Accounts. 

Common  School   District. 

Receipts   and    expenditures    for   18... 

Tax  rate,  mills  on  the  dollar  for  valuation, 

for  school  purposes  and   mills  for  building 

purposes. 


RECEIPTS. 

Balance  on  hand  from  last  year,  if  any,  as  per  last  report,  . 

From  collector,  Including  taxes  of  all  kinds 

From  loans,  since  last  report 

From  county  treasurer,  for  unseated  lands,  since  last  report. 

From  State  appropriation  for  year  ending  June,  18— ,      .   .   . 

From  all  other  sources,  as  sales  of  houses  or  lands,  liquor 

fines,  etc 

Total  receipts, 


EXPENDITURES. 


For  purchasing  grounds 

For  building  and  furnishing  houses 

For  renting  and  repairing,  etc  ,     

For  teachers  wages 

For  school  books  and  supplies 

For  fuel  and  contingencies 

For  fee  of  collector,  $ ,  and  treasurer.  $ ,  . 

For  salary  of  secretary  or  district  superintendent. 

For  debt  and  interest  paid, 

For  other  expenses 


Total  expenditures. 


Cash  on  hand, 

Or  amount  due  treasurer, 


350  SCHOOL  LAWS  ANT)  DECISIONS 


RESOURCES. 

Cash  on  hand,  if  any 

Amount  due  district  f  roiu  all  sources, 

Total  resources, 


LIABILITIES. 

Amount  due  treasurer,  if  any, 

Amount  due  on  unsettled  bills,  If  any 

Amount  borrowed  and  unpaid,  or  debt  of  district, 

Total  liabilities 


If  there  was  a  building  tax  and  a  house  or  houses 
erected  during  the  year,  the  amount  of  the  building  tax, 
and  the  portion  of  it  expended  in  the  year  for  this  pur- 
pose, is  to  be  stated  in  the  same  way,  with  the  balance 
on  hand,  or  the  ds'bt  for  this  purpose,  if  any,  under  the 
proper  heads  "Receipts,"  and  "Expenditures  for  Build- 
ing," as  in  the  case  of  ordinary  school  tax  and  ex- 
penditure. 

9.  Form  of  Notice  for  Convention  of  School  Directors  to 
Elect  County  Superintendent. 

To  the  School  Directors  of county: 

Gentlemen: — In  pursuance  of  the  forty-third  section 
of  the  act  of  May  8,  1854,  you  are  hereby  notified  to  meet 

in  convention,  at  the  court  house,  in  on 

the  first  Tuesday  in  May,  A.  D.  18. . .,  being  the 

day  of  the  month,  and  select,  viva  voce,  by  a  majority  of 
the  whole  number  of  directors  present,  one  person  of 
literary  nnrl  scientific  acquirements,  and  of  skill  and  i  x- 


OF  PENNSYLVANIA.  351 

perience  in  the  art  of  teaching,  as  county  superintendent, 
for  the  three  succeeding  years;  and  certify  the  result 
to  the  State  Superintendent,  at  Harrisburg,  as  required 
by  the  thirty-ninth  and  fortieth  sections  of  said  act. 

A B, , 

County  Superintendent  of county. 

18.... 


April ,18.... 

To  the  publishers  of  the  : 

Sir:  You  will  please  publish  the  above  notice  in  the 
,  once  a  week  for  three  successive  weeks  imme- 
diately preceding  the  first  Tuesday  of  May  next;  and 
when  completed  present  your  bill,  receipted,  with  a  copy 
of  the  notice,  to  the  undersigned  for  payment.  You  are 
also  requested  to  mail  to  the  State  Superintendent,  at 
Harrisburg,  a  copy  of  your  paper,  containing  the  first  in- 
sertion of  the  notice. 

A B 

County  Superintendent  of county. 

This  notice  is  to  be  inserted  three  successive  weeks, 
in  not  more  than  two  newspapers  of  the  proper  county 
if  so  many  there  be;  but  if  none  are  published  in  the 
county,  then  by  printed  notices  sent  by  mail,  to  the  sec- 
retary of  the  board  of  directors  of  each  school  district 
in  the  county. 


352  SCHOOL   LAWS   AND   DECISIONS 

10.  Form  of  Certificate  of  the  Election  of  County  Super- 
intendent. 

To    

Superintendent  of  Public  Instruction: 

Sir:    The  undersigned,  president  and  secretary  of  the 

convention  of  school  directors  of   '  convened, 

according  to  law,   on    ,   the    ......    day  of    

18...,   do  hereby   certify   that    whose   address  is 

,  was  elected  viva  voce,  by  a  majority  of  the  whole 

number   of   directors   present,   as    superintendent 

until  the  first  Monday  of  June,  one  thousand  eight  hun- 
dred and   ,  and  that  the  evidence  of  competency 

to  fulfil  the  duties  of  the  office  presented  to  the  con- 
vention by  the  said  was  such  as  is  required  by 

law,   consisting  of    

They  further  certify  that  the  whole  number  of  direc- 
tors present  was of  whom  voteid  for  the  said 

,  and  that  whose  address  is received 

votes,  and  whose  address  is  re- 
ceived       votes. 

Dated  at  ,  this  day  of  ,  A.  D. 

18 


President. 
Secretory. 


OF    PENNSYLVANIA.  353 

11.  Form   of  Oath    of   Office   of   County   Superintendent. 

"I  do  solemnly  swear  (or  affirm)  that  I  will  support, 
obey  and  defend  the  Constitution  of  the  United  States, 
and  the  Constitution  of  this  Commonwealth,  and  that  I 
will  discharge  the  duties  of  my  office  with  fidelity;  That 
I  have  not  paid  or  contributed,  or  promised  to  pay  or 
contribute,  either  directly  or  indirectly,  any  money  or 
other  valuable  thing,  to  procure  my  nomination  or  elec- 
tion, except  for  necessary  and  proper  expenses  expressly 
authorized  by  law;  that  I  have  not  knowingly  violated 
any  election  law  of  this  Commonwealth,  or  procured  it 
to  be  done  by  others  in  my  behalf;  that  I  will  not  know- 
ingly receive,  directly  or  indirectly,  any  money  or  other 
valuable  thing  for  the  performance  or  non-performance 
of  an  act  or  duty  pertaining  to  my  office,  other  than  the 
compensation  allowed  by  law." 

(Signed.)  A B 

Sworn  (or  affirmed)  and  subscribed  before  me,   

judge  of  the  court  of  common  pleas  of  said  county,  (or 
Superintendent  of  Public  Instruction,  as  the  case  may 
be,)  the  day  of 18 

12.  Form  of  Application  for  Permanent  Certificate. 

No.   1. 


,,  18. 


To 


Superintendent   of    Public   Instruction. 
Sir: — At  a  meeting  of  the  board  of  school  directors 
23 


354  SCHOOL   LAWS   AND   DECISIONS 

of school  district,   county,  State  of 

Pennsylvania,  the  following  resolutions  were  adopted: 

Resolved,    That ,  whose  address  is P. 

O.,  county,  Pa.,  having  taught  a  common  school 

in  this  district  for   annual  school  term...  we 

take  pleasure   in   saying,  that  we  consider    well 

qualified  as  a  teacher,  morally,  intellectually,  and  pro- 
fessionally. 

Resolved,  That  we  recommend  the  State  Superinten- 
dent of  Public  Instruction  to  grant  the  above  named 
a  permanent  certificate. 

By  order  of  the  board  of  directors. 

,  President. 

Attest: 

Secretary. 

No.   2. 

,  18.. 

At  a  meeting  of  the  board  of  school  directors  of 


school  district,    county,  State  of  Pennsylvania, 

it  was 

Resolved,   That having  taught  a  common 

school  in  this  district  for  annual  school  term. . 

we    cordially    unite    in    the    recommendation   expressed 
in  the  preceding  resolutions. 

By  order  of  the  board. 

,  President. 

Attest: 

, , Secretary. 


OF    PENNSYLVANIA.  355 

No.   3. 

,  18.- 

At  a  meeting  of  the  board  of  school  directors  of 

school  district, county,  State  of  Pennsylvania, 

it  was 

Resolved,   That having  taught  a  common 

school  in  this  district  for annual  school  term. ., 

we    cordially    unite    in    the    recommendation    expressed 
in  the  preceding  resolutions. 
By  order  of  the  board  of  directors. 

,  President. 

Attest: 

,  Secretary. 

These  forms,  when  filled  up  and  properly  signed, 
must  be  approved  by  the  county  superintendent  and  the 
committee  on  teachers'  certificates,  as  follows: 

18.- 

Knowing   to  have  taught  a  common  school 

the  three  annual   school   terms   immediately  preceding 

the  date  of  this  application,  and  knowing  also  to 

hold  a  valid  professional  certificate,  and  to  possess  skill 

and  experience  as  a  teacher,  and  believing   to 

be   entirely  worthy,  I   concur   in  the  foregoing  recom- 
mendation. 


Sup't  of  Schools  of   county. 

At  a  meeting  of  the  Committee  on  Permanent  Certifi- 
cates, held   18 ... ,  the  within  named  applicant 

passed    a   satisfactory   examination.     We   concur   in   the 


356  SCHOOL   LAWS   AND   DECISIONS 

foregoing   recommendations,   and   approve   the   applica- 
tion. 

,  Chairman, P.  O. 

county,  Pa. 


Committee. 

Directions  in  Applying  for  Permanent  Certificates. 

1.  Any  teacher  holding  a  professional  certificate,  and 
desiring  to  apply  to  the  State  Superintendent  for  a  per- 
manent certificate,  should  procure  from  the  county  su- 
perintendent, and  fill  up  the  necessary  blanks,  and  pre- 
sent them  to  the  proper  authorities  for  their  action  and 
signatures.  They  should  be  presented  first  to  the  board 
or  boards  of  directors,  next  to  the  county  superinten- 
dent, and  afterwards  to  the  committee  on  teachers'  cer- 
tificates. 

2.  If  the  applicant  has  taught  for  one  board  the  three 
annual  school  terms  required  by  law,  blank  No.  1  should 
be  filled  up  with  the  word  three,  and  "term"  be  made 
to  read  "terms;"  if  he  has  taught  for  one  board  two 
terms,  and  for  another  one  term,  blanks  Nos.  1  and  2 
should  be  filled  up  accordingly;  and  the  three  forms 
above  given  are  designed  to  be  filled  up  only  when  the 
applicant  has  taught  for  three  different  boards. 

3.  County  superintendents  and  committees  on  teach- 
ers' certificates,  should  exercise  great  care  in  approving 


OF    PENNSYLVANIA.  357 

recommendations  for  permanent  certificates.  Merit 
alone  should  be  the  test  of  qualifications,  and  applicants 
should  have  taught  at  least  one  year  with  a  profes- 
sional   certificate. 

4.  The  law  does  not  permit  the  granting  of  permanent 
certificates  to  teachers  of  private  schools. 

5.  A  valid  professional  certificate  must  be  sent  to  the 
State  Superintendent  with  the  application. 

13.  Application  for  State  Normal  Diploma. 
No.  1. 

,  18-. 

At  a  meeting  of  the  board  of  school  directors  of 

school  district,   county,  State  of  Pennsylvania, 

the  following  resolutions  were  adopted: 

Resolved,  That   whose  address  is   P. 

O county,  Pennsylvania,  having  taught  a 

common  school  in  this  district  for annual  school 

term..,  since was  graduated  by  the  State  Normal 

School  located  at  ,  county  of  ,  we  take 

pleasure  in  saying,  that  we  consider  well  quali- 
fied as  a  teacher,  morally,  intellectually  and  profes- 
sionally. 

Resolved,  That  we  recommend  the  board  of  exam- 
iners and  the  faculty  of  the  above-named  Normal  school, 
to  grant  said   a  State  Normal  diploma. 

By  order  of  the  board  of  directors. 

,  President. 

Attest: 

,  Secretary. 


358  SCHOOL   LAWS   AND   DECISIONS 

No.  2.* 

*If  the  applicant  has  taught  two  terms  for  one  board  it 
is  not  necessary  to  use  this  form. 

18.. 

At  a  meeting  of  the  board  of  school  directors  of 

school   district,    county,  State  of  Pennsylvania, 

it  was 

Resolved,    That   having  taught  a  common 

school  in  this  district  for annual  school  term  . ., 

since  graduation  at  the  Normal  school 

above  named,  we  cordially  unite  in  the  recommendation 
expressed  in  the  preceding  resolutions. 

By  order  of  the  board. 

,  President. 

Attest: 

Secretary. 

• ,  18.. 

Knowing   to  be  a  successful  teacher,  and  a 

person  of  good  moral  character,  I  heartily  concur  in  the 
foregoing  recommendation. 


Superintendent  of  Schools  of county. 

14.  Form  for  Practical  Teacher's  State  Certificate. 

No.   1. 

,  18.. 

At  a  meeting  of  the  board  of  school  directors  of 

school  district,   county,  State  of  Pennsylvania, 

the  following  resolutions  were  adopted: 


OF    PENNSYLVANIA.  359 

Resolved,    That    whose  address   is    P. 

O county,    Pennsylvania,    having    taught    a 

common  school  in  this  district  for   annual 

school  term..,  we  take  pleasure  in  saying  that  we  con- 
sider    well  qualified  as  a  teacher,  morally,  intel- 
lectually,  and   professionally. 

Resolved,  That  we  recommend  the  State  Board  of 
Examiners  and  the  faculty  of  the  State  Normal  school, 
located  at  ,  Pa.,  to  grant  above-named  per- 
son a  teacher's  State  certificate. 

By  order  of  the  board. 

President. 

Attest: 

,  Secretary. 

No.   2. 

,   18.. 

At  a  meeting  of  the  board  of  school  directors  of 

school  district,    county,  State  of  Pennsylvania, 

it  was 

Resolved,   That having  taught  a  common 

school  in  this  district  for annual  school  term. ., 

we  cordially  unite  in  the  recommendation  expressed 
in  the  preceding  resolutions. 

By  order  of  the  board. 

,  President. 

Attest: 

Secretary. 


360  SCHOOL   LAWS   AND   DECISIONS 

No.   3. 

,  18.. 

At  a  meeting  of  the  board  of  school  directors  of 

school  district,    county,  State  of  Pennsylvania, 

it  was 

Resolved,    That having  taught  a  common 

school  in  this  district  for annual  school  term. .. 

we    cordially    unite    in    the    recommendation    expressed 
in  the  preceding  resolutions. 
By  order  of  the  board. 

,  President. 

Attest: 

,  Secretary. 

,  18.. 

Knowing to  be  a  successful  teacher,  and  a 

person  of  good   moral   character,  I  concur  in  the  fore- 
going recommendation. 


Superintendent  of  schools  of    county. 

Note. — If  the  applicant  has  taught"  for  one  board  the 
three  annual  school  terms  required  by  law,  blank  No. 

1  should  be  filled  up  with  the  word  three,  and  "term" 
be  made  to  read  "terms;"  if  he  has  taught  for  one  board 
two  terms,  and  for  another  one  term,  blanks  Nos.  1  and 

2  should  be  filled  up  accordingly;  and  the  three  forms 
above  given  are  designed  to  be  filled  up  only  when  the 
applicant  has  taught  for  three  different  board?. 


INDEX. 


ACADEMIES. 

To  report,  p.  298,  see.  cccii. 

Real  estate  transferable  to  school  districts,  p.  1199,  sec. 

ccciii;  p.  300,  sec.  ccciv;  p.  301,  sec.  cccv. 
Exempt  from  taxation,  p.  177,  sec.  clxxv. 

ACCOUNTS. 

Treasurers',  how  settled  with  directoi'S,  p.  61,  sec.  lxv; 

p.  198,  d.  147,  148,  149;  p.  60,  d.  48,  49. 
Treasurers',    how    settled    with    auditors,    p.    194,    sec. 

cciv,  ccv;  p.  195,  sec.   ccvi;  p.  196,  sec.  ccvii,  ccviii; 

p.  197,  ccix;  p.  60,  d.  50,  51;  p.  198,  d.  147,  148,  149. 
Publication   of,   p.    150,   sec.   cxlviii;   p.  151,   sec.   cxlix; 

p.  152,  d.  124. 

APPARATUS. 

Directors  and  superintendents  cannot  become  agents, 
p.  146,  sec.  cxliv;  p.  147,  sec.  cxlv,  d.  116,  117. 

APPROPRIATION. 

Basis  of  distribution,  p.  162,  d.  126;  p.  214,  sec.  ::cxxiv; 

p.  215,  sec.  ccxxv,  ccxxvi,  d.  151. 
How  taxables  to  be  obtained  when  not  furnished  by 
commissioners,  p.  215,  sec.  ccxxv. 


£62  INDEX. 

APPROPRIATION— Continued. 

When  errors  have  been  made,  p.  215,  sec.  ccxxvi. 
When  and  how  paid,  p.  155,  sec.  cliii;  p.  162,  d.  126. 
To  be  used  for  school  purposes  only,  p.  164,  sec.  clxi. 
How  forfeited,  p.  154,  d.  125;  p.  162,  d.  126;  p.  155,  sec. 

cliii;  p.  230,  sec.  ccxliii;  p.  233,  sec.  ccxlvi. 
ASSESSORS. 

Annual  assessment,  p.  207,  sec.  ccxvi. 

To  make  special  assessment,  p.  171,  sec.  clxvi;  p.  172, 

d.  143. 
When  township  lines  divide  a  tract  of  land,    issess- 

ments  to  be  made  in  township  where  mansion  house 

is  situated,  p.  178,  sec.  clxxvi;  p.  179,  d.  146. 
Owners    of   land    may    choose   residence,    p.    179,    sec. 

clxxvii. 
Duties   of   assessors    in    independent   districts,    p.    173, 

sec.  clxviii. 
To  make  lists  of  children,  p.  75,  sec.  lxxxi. 
Penalty  for  neglect  of  duty,  p.  173,  sec.  clxix. 
ATTENDANCE  COMPULSORY. 

Duties  of  parents,  p.  72,  sec.  lxxviii. 

Census  of  children,    p.  75,  sec.  lxxxi. 

Time  children  shall  attend  school,  p.  72,  sec.  lxxviii. 

Unless  excused,  p.  72,  sec.  lxxviii. 

Reasons  for  excuse,  p.  72,  sec.  lxxviii. 

Penalty  for  violation,  p.  73,  sec.  lxxix. 

Attendance  officers,  p.  74,  sec.  Ixxx;  p.  77,  sec.  lxxxiii. 

AUDITORS. 

When  to  meet,  p.  194,  sec.  ccv. 

To  publish  statement,  p.  195,  sec.  ccvi. 


INDEX.  363 

AUDITORS— Continued. 

To  file  reports,  p.  195,  sec.  ccvi. 

What  vouchers   to  be  allowed,   p.   198,   d.  148;   p.  199, 

d.  149. 
In  independent  districts,  p.  197,  sec.  ccxi;  p.  198,  sec. 

ccxii. 
Pay  of,  p.  197,  sec.  ccx;  p.  198,  sec.  ccxiii. 
Incompatible  with  office  of  director,  p.  44,  sec.  xlix. 
To  settle  accounts  of  collectors,  p.  186,  sec.  clxxxix. 

BOARDS. 

See  "Directors." 

BONDS. 

See  "Indebtedness  of  Districts." 

BOOKS  AND  SCHOOL  SUPPLIES. 

Annual  selection  of,  p.  140,  sec.  cxxxix. 

Meeting  of  directors  and  teachers,  p.  140,  sec.  cxxxix; 

p.  145,  d.  112;  p.  236,  d.  164. 
Only  the  series  adopted  to  be  used,  p.  140,  sec.  cxxxix. 
Work  on  new  branch  may  be  introduced  after  annual 

meeting,  p.  145,  d.  113. 
Can  be  changed  only  once  in  three  years,  p.  144,  sec. 

cxlii. 
Penalty  for  violation,  p.  145,  sec.  cxliii. 
Adoption  of,  requires  affirmative  vote  of  a  majority 

of  the  board,  p.  67,  sec.  lxx. 
To   be   purchased   by   the   board   and   furnished   free, 

p.  141,  sec.  cxl;  p.  142,  d.  108. 
School  supplies  to  be  furnished,  p.  142,  d.  108. 
Cost  to  be  reported  in  separate  item,  p.  141,  sec.  cxli. 
Scriptures  a  text  book,  p.  146,  d.  114. 
Sectarian  books  excluded,  p.  146,  d.  115. 


364  INDEX. 

BOOKS  AND  SCHOOL  SUPPLIES— Continued. 

Directors  cannot  furnish  books  or  supplies  of  any- 
kind,  p.  147,  sec.  cxlv;  d.  116,  117. 

Directors  and  superintendents  cannot  act  as  agents, 
p.  146,  sec.  cxliv;  p.  147,  d.  117. 

BOROUGHS. 

How  separated  from  townships,  p.  1,  sec.  ii. 
When  limits  are  changed,  p.  13,  sec.  xv. 
Borough  school  district  shall  share  in  rights  and  lia- 
bilities of  townships  from  which  formed,  p.  20,  sec. 

XXV. 

When  seats  of  directors  become  vacant,  p.  14,  sec.  *vi. 
What   boroughs  entitled   to   elect  superintendents,   p. 
262,  sec.  eclxviii. 

BOROUGH  SUPERINTENDENTS. 

Salaries  of  superintendents  to  be  paid  in  same  man- 
ner as  provided  for  payment  of  teachers,  p.  262,  sec. 
eclxviii. 

Shall  take  oath  of  office,  p.  265,  sec.  eclxxi. 

Term  of  office,  p.  262,  sec.  eclxviii. 

Duties,  p.  265,  sec.  eclxxi. 

Objections  to  issuing  commission,  p.  264,  sec.  eclxix. 
BRANCHES. 

P.  89,  sec.  lxxxvii;  p.  140,  d.  107;  p.  143,  d.  109;  o.  230, 
sec.  ccxliii;  p.  231,  sec.  ccxliv;  p.  232,  sec.  ccxlv;  p. 233, 
sec.  ccxlvi. 

Physiology  and  hygiene  must  be  taught,  p.  232,  sec. 
ccxlv,  ccxlvi;  p.  234,  sec.  ccxlvii;  p.  234,  d.  159,  160, 
161,  162. 

Branches  must  be  on  certificate,  p.  240,  sec.  c<  li. 


INDEX.  365 

BUILDING   TAX. 

See  "Tax." 

CENSUS  OF  CHILDREN. 
P.  75,  sec.  lxxxi. 

CERTIFICATES,  PROVISIONAL. 
P.  231,  sec.  ccxliv;  p.  240,  sec.  ccli. 
Good  for  one  year,  p.  240,  sec.  ccli;  p.  251,  sec.  cclxii. 
May  be  annulled  for  cause,  p.  240,  sec.  ccli;  p.  241,  d. 

172. 
All  branches  to  be  taught  must  be  on  certificate,  p. 

240,  sec.  ccli. 
Cannot  be  endorsed   or  renewed,   p.    240,   sec.    s'cli;   p. 

251,  sec.  cclxii. 
Cannot  be  endorsed  by  any  other  superintendent,  p. 

254,  d.  181. 
Valid  only  where  issued,  p.  254,  d.  181. 
Public  notice  of  annulment  to  be  given,  p.  242,  d.  174. 
Directors  to  be  notified  to  be  present  at  examination, 

p.  240,  d.  170. 
None  to  be  granted  to  persons  who  use  intoxicating 

drinks  as  a  beverage,  p.  231,  sec.  ccxliv. 
None  to  be  granted  to  persons  of  immoral  character, 

p.  241,  d.  171. 

CERTIFICATES,  PROFESSIONAL. 
P.  251,  sec.  cclxii. 
Applicants    must    have    thorough    knowledge    of    the 

branches  named,  p.  251,  sec.  cclxii. 
How  long  valid,  p.  251,  sec.  cclxii. 
May  be  renewed,  p.  251,  sec.  cclxii;  p.  254,  d.  181. 


366  INDEX. 

CERTIFICATES,  PROFESSIONAL— Continued. 
May  be  annulled,  p.  241,  d.  172. 

Public  notice  of  annulment  to  be  given,  p.  242,  d.  174. 
None  to  be  granted  to  persons  who  use  intoxicating 

drinks  as  a  beverage,  p.  231,  sec.  ccxliv. 
None  to  be  granted  to  persons  of  immoral  character, 

p.  241,  d.  171. 

CERTIFICATES,  PERMANENT. 

P.  251,  sec.  cclxii. 

To   be  granted   by   State   superintendent,   p.   251,   sec. 
cclxii;  p.  254,  sec.  cclxiii. 

Recommendations  required,  p.  251,  sec.  cclxii;  p.  254, 
sec.  cclxiii;  p.  259,  d.  182,  183. 

Where,  when,  and  how  long  valid,  p.  251,  sec.  cclxii. 

Written  examinations  requisite,  p.  254,  sec.  cclxiii. 

Teachers'  committee  to  be  appointed  by  State  super- 
intendent, p.  258,  sec.  cclxiv. 
CERTIFICATES,  NORMAL  ELEMENTARY. 

P.  293,  sec.  ccxcviii. 

Must  be  graduate  of  State  normal  school,  p.  293,  sec. 
ccxcviii. 

Term  of  validity,  p.  295,  sec.  ccxcix. 

When  master's  diploma  follows,  p.  295,  sec.  ccxcix. 

Recommendations  necessary,  p.  295,  sec.  ccxcix. 
CERTIFICATES,  MASTER'S  NORMAL  DIPLOMA. 

To  whom  granted,  p.  295,  sec.  ccxcix. 

Recommendations  required,  p.  295,  sec.  ccxcix. 

Valid  throughout  the  State,  p.  295,  sec.  ccxcix. 
CERTIFICATES,   PRACTICAL  TEACHERS'   STATE. 

Granted    by    State    board    of    examiners   at    normal 
schools,  p.  295,  sec.  ccxcix. 


INDEX.  3G7 

CERTIFICATES,    PRACTICAL    TEACHERS'    STATE— 
Continued. 
Actual  teachers,   eligible,  p.   293,  sec.  ccxcviii;  p.  ?95, 

sec.  ccxcix. 
Normal  school  attendance  not  necessary,   p.  293,  sec. 

ccxcviii;  p.  295,  sec.  ccxcix. 
Recommendations  required,  p.  295,  sec.  ccxcix;  p.  296, 
d.  192,  193;  p.  297,  d.  194. 

CERTIFICATES,  STATE  TEACHERS'  PERMANENT 
(COLLEGE). 

To  be  issued  by  the  State  Superintendent,  p.  260,  sec. 
cclxvi. 

Applicants  must  be  graduates  of  colleges  legally  em- 
powered to  confer  degrees,  p.  260,  sec.  cclxvi. 

Must  have  taught  three  full  annual  terms  :'n  the 
public  schools  of  the  State,  p.  260,  sec.  cclxvi. 

Recommendations  required,  p.  260,  sec.  cclxvi. 

May  be  annulled  by  State  Superintendent,  p.  261,  sec. 
cclxvii. 

CERTIFICATE  OF  COMPETENCY. 
P.  223,  sec.  ccxxxviii. 

CHILDREN  OF  SOLDIERS. 
P.  81,  sec.  lxxxv;  p.  82,  d.  73. 

CITY,       BOROUGH       AND       TOWNSHIP       SUPERIN- 
TENDENTS. 
Pp.  262,  263,  264,  265,  266. 

CITIES. 

Classification  of,  p.  209,  sec.  ccxviii;  p.  210,  sec.  2. 


368  INDEX. 

CITIES— Continued. 

Cities  of  third  class,  under  act  of  1874,  pp.  199,  200,  201, 
202,   203,  204,   205,  206,   207,   2C8,   209,   210,   211. 

Cities  and  boroughs  having  over  five  thousand  in- 
habitants may  establish  high  schools,  pp.  82,  83,  84, 
85,   86,  87,   88,   89. 

May  hold  separate  institutes,  p.  248,  sec.  cclix. 

Cities,  boroughs  and  townships  may  establish  high 
schools  under  act  1895,  pp.   89,  90,   91,  92,   93.' 

CITIES,  SECOND  CLASS. 

Boards  of  sub-districts  may  borrow  money,  p.  333. 
May  establish  industrial  schools,  p.  334,  335. 

COLLECTORS. 

Election  of,  u.  180,   sen.  clxxviii. 

Term  three  years,  p.  180,  sec.  clxxviii. 

Vacancies,  how  filled,  p.  180,  sec.  clxxix;  p.  181,  sec. 
clxxx. 

Bond  to  be  approved  by  court  annually,  p.  180,  sec. 
clxxviii. 

Oath  of  office,  p.  181,   sec.  clxxxi. 

Duties  and  compensation  of,  p.  182,  sec.  clxxxii;  p. 
183,  sec.  clxxxiii,  clxxxiv;  p.  1S4,  sec.  clxxxv;  p. 
185,  sec.  clxxxvi,  clxxxvii. 

When  to  deduct  five  per  cent.,  p.  187.  sec.  cxcii. 

When  to  add  five  per  cent.,  p.  187,  sec.  cxcii. 

To  levy  by  distress  and  sale,  unpaid  tax,  p.  188,  sec. 
cxcv. 

To  collect  tax  from  personal  property  on  real  es- 
tate, p.  189,  sec.  cxcvi. 


INDEX.  369 

COLLECTORS— Continued. 

To    return    real    estate    as    unseated    land   if    there    is 
no   personal   property,   p.  190,   sec.   cxcvii. 

Warrants  for  what  time  effectual,  p.  190,  sec.  cxcviii. 

Warrants  revived  and  extended,  p.   193,   sec.   cciii. 

To   pay    treasurer   money   received    within   six   weeks 
of  date  of  warrant,  p.  190,  sec.  cxcix. 
To    pay    treasurer    whole    amount    charged    within 
three  months,   p.  191,  sec.  cc. 

Amount  to  be  paid  to  be  entered  as  judgment,  p.  191, 
sec.  cci. 

Cannot  bring  suit  for  taxes  before  expiration  of  war- 
rants, p.  192,  sec.  ccii. 

COLLEGES. 

To  report,   p.  298,   sec.   cccii;   pp.   298,   299,  300,  301,  302, 

303,   304,   305,    306,    307,   308,   309,    310,   311,   312. 
Exempt   from  taxation,   p.   177,   sec.   clxxv. 

COLLEGE   GRADUATES. 

P.  260,  sec.  cclxvi;  p.  261,  sec.  cclxvii. 

COMPULSORY  ATTENDANCE. 

See  "Attendance  Compulsory." 
CONSTABLES. 

4 

To  notify  persons  elected  directors,   p.   39,  sec.   xlv. 

CONTAGIOUS  DISEASES. 

P.  68,  sec.  lxxiii;  pp.  69,  70,  71. 

CONTROLLERS. 

Board  of,   in  city   or  borough,  how  constituted,   p.   2, 
sec.  iii;  p.   3,  sec.   iv;  p.  4,   d.  1. 
24 


370  INDEX. 

COUNTY    COMMISSIONERS. 

To  furnish  directors  copies  of  last  adjusted  valua- 
tion, p.  170,  sec.  clxv;  p.  171,  d.  141,  142;  p.  215,  d.  151. 

To  furnish  certified  list  of  number  of  taxables,  p. 
214,    sec.    ccxxiv. 

If  not  furnished  preceding  certificate  of  taxables  to 
be  taken,  p.  215,  sec.  ccxxv. 

In  case  of  error,  p.  215,  sec.  ccxxvi. 

Duty  in  formation  of  new  districts,  p.  19,  •s'ec.  xxiv; 
p.  172,   sec.  clxvii. 

Penalty  for  neglect  of  duty,  p.  28,  d.  10. 

To  make  special  assessment  in  new  district,  p.  172, 
sec.    clxvii. 

Cannot  serve  as  school  directors,  p.  44,  sec.  1. 

To  furnish  office  for  County  Superintendent,  p.  237, 
sec.   ccxlix. 

COUNTY    SUPERINTENDENTS. 
Election    of,    p.    217,    sec.    ccxxxi. 

Advertisement  of  holding  election,  p.  218,  sec.  ccxxxii. 
By  whom  and  when  elected,  p.  219,  sec.  ccxxxiii. 
When  elected  in  new  counties,  p.  226,  sec.  ccxxxix. 
Acquirements    of,    p.    219,    sec.    ccxxxiii;    p.    223,    sec. 

ccxxxviii;  p.  222,  d.  153,  154. 
Compensation,     how     fixed     and     paid,     p.     219,     sec. 

ccxxxiv,    ccxxxv. 
Minimum  salary,  note,  p.  221. 
Cannot    receive    compensation    for    teaching,    p.    221, 

sec.  ccxxxvi,  ccxxxvii;  p.  222,  d.  152. 
Cannot  serve  as  agents,   p.   146,   sec.   cxliv;  p.   147,   d. 
.   117. 


INDEX.  371 

COUNTY   SUPERINTENDENTS— Continued. 

Certificate   of   election   to   be   sent   to   Superintendent 

of  Public  Instruction,  p.  226,  sec.   ccxl. 
Objections    to    commissioning,    when    made    and    by 

whom  signed,  p.  226,  sec.  ccxl;  p.  228,  d.  155,  156,  157. 
Oath  of  office,   p.   229,   sec.   ccxli;  p.   229,   d.   158. 
Duties   in  visiting  schools,   p.    230,   sec.   ccxlii,    ccxliii. 

To    inform    State    Superintendent    of    incompetent 

teachers,  p.  230,  sec.  ccxliii;  p.  233,  sec.  ccxlvi. 
Removal  from   office,   p.   217,   sec.   ccxxx;   p.   221,   sec. 

ccxxxvii;  p.  237,  d.  165. 
Vacancies,    how   filled,   p.   236,   sec.   ccxlviii. 
To  examine  teachers  publicly,  p.  240,  sec.  ccli;  p.  240, 

d.  170. 
Annul  certificates,   p.   240,   sec.   ccli;   p.   241,   d.   172;   p. 

242,    d.    173,    174,    175. 
Immoral  persons  not  to  be  examined,  p.  241,  d.  171. 
Persons  who   use  intoxicating  drinks  as   a  beverage 

not  to  receive  certificates,  p.  231,   sec.  ccxliv. 
To    make    annual    report    to    State    Superintendent, 

p.   243,   sec.  cclii. 
Approve  and  forward  district  annual  reports,  p.   243, 

sec.  cclii;  p.  244,  d.  176,  177,  178;  p.  155,  sec.  cliii. 
To     attend     annual     examination     in     State     Normal 

School,  p.  281,  sec.  ccxci;  p.  284,  sec.   ccxciii. 
Cannot    have    a   pecuniary    interest    in    school    of    his 

own,  p.  221,  sec.  ccxxxv;  p.  222,  d.  152. 
To   be   supplied  with   suitable  office   by   county  com- 
missioners, p.  237,  sec.  ccxlix. 


372  ,  INDEX. 

CONVEYANCE. 

Directors   of  wards   can  execute  deeds   to  controllers 

of  cities  and  boroughs,  p.  2,   sec.  iii. 
Property  held  by  trustees  for  school  purposes,  p.  30, 

sec.   xxxvii. 
Conveyance   of  real  estate   by   surviving  trustees,   p. 

131,   sec.   cxxxi. 

COURTS. 

May  create  new  districts,  p.  4,  sec  v. 

Designate  time  and  place  for  holding  election,  p.  34, 

sec.  xliii;  p.  13,  sec.  xv. 
May  abolish  districts,  p.  7,  sec.  viii;  p.  8,  sec.  ix;  p.  9, 

d.  5. 
Appoint    auditor    where    borough    limits    have    been 

changed,  p.  11,  sec.  xii;  p.  12,  sec.  xiii. 
May   annex    lands   or   parts   thereof   for   school   pur- 
poses, p.  17,  sec.  xix,  xx. 
Clerks    of    courts    to    send    to    State    Superintendent 

certified  copy  of  decree,  p.  18,  sec.  xxii;  p.  19,  d.  8. 
Appoint  viewers  of  sites,  p.  109,  sec.  cxiv. 
Appoint  inspector,  p.  49,  sec.  lvii. 
Remove  directors  for  neglect  of  duty,  p.   47,  sec.  lvi; 

p.   48,   d.   24;   p.    48,   sec.    lvii;   p.    50,    sec.   lviii;   p.    52, 

d.   27,    28. 

DEBT. 

See    "Indebtedness." 

DEEDS. 

How  executed,   p.   31,   sec.   xxxviii. 

DIRECTORS. 

Election  and  term  of  office,  p.  33,  sec.  xiii. 


INDEX.  373 

DIRECTORS— Continued. 

May  qualify  each  other  and  how,  p.  47,  sec.  liv,  lv. 
Must  take  oath  of  office,  p.  46,  sec.  liii;  p.  47,  d.  23. 
Time   and   place   of  election- in   independent  .districts 

to  be  fixed  by  court,  p.  34,  sec.  xliii;  p.  36,  d.  13. 
Election,  how  decided  in  case  of  tie  vote,  p.   36,  sec. 

xliv;  p.  37,  d.  14. 
Term,    how    determined    when    vacancies    are    to    be 

filled,  p.  36,  sec.  xliv;  p.  37,  d.  14;  p.  38,  d.  15. 
Returns  and  contested  election  to  be  investigated  by 

court,  p.  39,  sec.  xlv. 
When   seats   may  be   declared  vacant,   p.   45,   sec.   lii, 

d.  21. 
Manner    of    proceeding    in    contested    election,    p.    39, 

sec.  xlv. 
Vacancies,   when  filled   by   board,   p.   39,    sec.    xlvi;   p. 

40,    d.   16. 
Appointment    to    fill    vacancies    good    till    the    first 

Monday  in  June  ensuing,  p.  40,  d.  16. 
Resignation  of,  p.  42,  d.  17. 
Exempt  from  serving  in   township   offices,   p.   44,   sec. 

xlviii;  p.  44,  d.  20. 
Office    of    director    and    auditor    incompatible,    p.    44, 

sec.   xlix. 
Office    of    director   and    county    commissioner    incom- 
patible,  p.  44,   sec.  1. 
Exempt  from  serving  as  collector,  p.  44,  sec.  li. 
Refusal    to    serve    as    director,    how    remedied,    p.    45, 

sec.  lii. 


374  INDEX. 

DIRECTORS— Continued. 

Removal   from   office,   p.   45,   sec.   lii;   p.   45,   d.   21,   22; 
p.  47,  sec.  lvi;  p.  48,  d.  24;  p.  48,  sec  lvii;  p.  50,  sec. 
lviii. 
When  term  of  office  begins,   p.   51,   sec.   lix;  p.   52,   d. 

26;  p.  53,  d.  29. 
When  board  to  organize,   p.   51,  sec.  lix,  lx;  p.  52,   d. 

25;  p.  165,  sec.  clxiii. 
Levy   and   assess   tax,   p.   164,    sec.    clxi,   clxii;   p.   165, 

sec.  clxiii;  p.  165,  d.  128,  129. 
Can  borow  money  for  building  purposes,  p.  113,   sec. 

cxvi. 
Indebtedness,    pp.    113,    114,    115,   116,    117,    118,   119,    120. 

121,  122,  123,  124,  125,  126,  127,  128,  129,  130. 
What  officers  to  be  elected,  p.  51.   sec.  lx. 
Case  of  failing  to  organize,  p.  52,  d.  27. 
Organization  after  ten  days'  legal,  p.  52,  d.  28. 
Old   boards   shall  call  meeting  of  new,  p.   53,   d.   29. 
What  action  requires  affirmative  votes  of  a  majority 

of,  p.  67,  sec.  lxx. 
Powers  and  duties  of,  p.  67,  sec.  lxxi;  p.  102,  sec.  civ, 

cv,  cvi,  cvii. 
Establish  schools,  p.  68,  sec.  Ixxii;  p.  78,   d.  65,  66,  67. 
Shall   meet  with  the  teachers  and  adopt  a  series  of 

books,   p.   140,    sec.   cxxxix. 
Shall  purchase  books,  p.  141,  sec.  cxl. 
Shall    purchase    school    supplies,    p.    141,    sec.    cxl;    p. 

142,    d.    108. 
Shall    keep    separate    account    of    cost    of    books    and 
supplies,    p.    141,    sec.    cxli. 


INDEX.  375 

DIRECTORS— Continued. 

Cannot  become  agents  for  sale  of  books  and  supplies, 
p.  146,  sec.  cxliv;  p.  147,  sec.  cxlv;  p.  147,  d.  116,  117. 
May  grade  schools,  p.  148,  sec.  cxlvi,  d.  118,  119. 
Establish  high  schools  in  cities  and  boroughs,  pp.  82, 

83,  84,  85,  86,  87,  88. 
Establish  high  schools  in  any  district,  pp.  89,  90,  91, 

92,  93,  94,  95. 
May  fix  the  time  for  sessions  of  school,  p.  149,  d.  120. 
Leased  lots  and  trust  property,   p.   97,   d.   79,  80. 
May    establish   joint    schools,    p.    94,    sec.    xcix;    p.    95, 

sec.  c;  p.  95,  sec.  ci;  p.   99,  d.  85,  86. 
Not  bound  by  vote  of  citizens  in  location  of   school 

house,  p.  97,  d.  81. 
Have  control  of  school  buildings,  p.  98,  d.  83. 
Shall     provide     separate     water     closets     on     school 

grounds,  p.  101,  sec.  cii,  ciii;  p.  102,  d.  88. 
Remove  waste  matter  from  outhouses,  p.  102,  sec.  civ. 
Shall  provide  accommodations  in  adjoining  districts, 

p.  112,  sec.  cxv;  p.  112,  d.  92,  93,  94. 
Shall  visit  schools,   p.   131,   sec.  cxxxii. 
Shall    direct   what   branches   shall   be   taught,    p.    139, 

sec.  cxxxviii;  p.  140,  d.  107;  p.  230,  sec.  ccxliii. 
Shall  pay  expenses   of  schools,   p.  149,   sec.   cxlvii;  p. 

150,   d.   121,   122,   123. 
Shall     publish     annual     financial     statement,    p.    150, 

sec.  cxlviii;  p.  151,  sec.  cxlix;  p.  152,  d.  124. 
May    suspend    or   expel    pupils,    p.    139,    sec.    cxxxviii; 

p.  144,   d.   110,  111. 
Decide    what    schools   pupils   may   attend,    p.    148,    sec. 
cxlvi. 


376  INDEX. 

DIRECTORS— Continued. 

Appoint  teachers  and  fix  salaries,  p.  131,  sec.  cxxxiii; 
p.  132,   sec.  cxxxiv;  p.   134,  d.  95,  96,   97,  98. 

May  dismiss  teachers,  p.  131,  sec.  cxxxiii;  p.  137,  d. 
103,  104,  105. 

Contracts   in   writing-,   p.    134,   d.   95. 

Signing-  an  agreement  as  individuals  not  binding, 
p.   64,   d.    60. 

Shall  elect  county  superintendent,  p.  219,  sec. 
ccxxxiii. 

Shall  make  report  of  election  to  State  Superintend- 
ent, p.  223,  sec.   ccxxxviii. 

Make  annual  report  to  county  superintendent,  p.  154, 
sec.  clii;  p.  154,  d.  125. 

Certificate  and  affidavit,  p.  155,  sec.  cliii. 

DISTRICTS. 

What  constitutes  a  district,  p.  1,  sec  i. 

Notice  to  persons  having  claims  against  districts,  p. 

25,  sec.  xxviii,  xxix,  xxx,  xxxi,  xxxii. 
Borough  and  townships  separated,  p.  1,  sec.  ii;  ;>.  17S, 

sec.  clxxvi;  p.  179,  d.  146. 
Cities  and  boroughs  divided  into  wards,  p.  2,  sec.  in; 

p.  3,  sec.  iv;  p.  4,  d.  1. 
Districts    and    boroughs    corporate,    p.    29,    sec.    xxxv, 

xxxvi. 
Can  purchase  and  sell  property,  p.   29,  sec.   xxxri;  p. 

30,  d.  11. 
May  purchase  ground  and  hold  for  future  use,  p.  SO, 

d.  11. 
Suits  by  and  against,  p.  31,  sec.  xxxix. 


INDEX.  377 

DISTRICTS— Continued. 

Indebtedness  of  districts,  pp.  113,  114,  115,  116,  J 17,  118, 

119,  120,  121,  122,  123,  124,  125,  126,  127,  128,  129,  130. 
Against  whom  execution  shall  issue  in  judgmeat,   p. 

32,  sec.  xl. 
Debts  contracted  binding  on  future  boards,  p.  33,  d.  12. 
Costs  of  collection  against  districts,  how  paid,   p.  27, 

sec.  xxxii;  p.  28,  sec.  xxxiii. 
Inhabitants  of  districts  competent  as  witnesses,  ]..  33, 

sec.  xli. 

DISTRICTS,  CONSOLIDATED. 

P.  2,  sec.  iii;  p.  4,  d.  1. 
DISTRICTS,  INDEPENDENT. 

How  formed,  p.  4,  sec.  v;  p.  5,  sec.  vi. 

Time  and  place  of  election  fixed  by  court,  p.  34,  pec. 

xliii. 
Expenses  of  election  to  be  paid  by  the  county,  p.  36, 

d.  13. 
When  to  go  into  operation,  p.  6,  sec.  vii,  d.  2;  p.  7,  d.  3. 
Rights,  powers  and  duties  of,  p.  8,  d.  4. 
How  abolished,  p.  8,  sec.  ix;  p.  9,  d.  5. 

DISTRICTS,  CHANGES. 

New  districts  go  into  operation,  p.  6,  sec.  vii,  d.  2,  3; 
p.  9,  sec.  x;  p.  19,  d.  8. 

Division  of  property,  p.  10,  sec.  xi;  p.  14,  d.  6. 

Borough  school  district  shall  share  in  rights  and  lia- 
bilities of  townships  from  which  formed,  p.  20,  sec. 
xxv. 

Money  and  debts  of  old  and  new  districts,  p.  14.  d.  7: 
p.  11,  sec.  xii. 


378  INDEX. 

DISTRICTS,  CHANGES— Continued. 

Real  estate  and  movable  property  to  pass  with  terri- 
tory where  located,  p.  15,  sec.  xvii. 

Courts  may  annex  lands,  or  parts  thereof,  for  school 
purposes,  p.  16,  sec.  xviii;  p.  17,  sec.  xix;  p.  12,  sec. 
xiv. 

Duties  of  clerks  of  courts  in  formation  of,  p.  18,  sec. 
xxii. 

Duties  of  clerks  of  commissioners  in  formation  of,  p. 
19,  sec.  xxiv;  p.  21,  d.  9;  p.  28,  d.  10. 

Proceedings  pending,  building  tax  cannot  be  collected, 
p.  19,  sec.  xxiii. 

Penalty  for  neglect  of  duty  of  commissioners,  p.  28, 
d.  10. 

Rights  and  liabilities  when  townships  have  been  di- 
vided into  two  or  more  boroughs,  p.  21,  sec.  xxvi;  p. 
22,  sec.  xxvii. 
DISTRICT  SUPERINTENDENTS. 

Districts  entitled  to  elect,  see  note  p.  266;  pp.  262,  263, 
264,  265,  266. 

EXAMINATIONS  OF  TEACHERS. 

P.  240,  sec.  ccli,  d.  170,  171,  172;  p.  240,  sec.  ccli,  d.  170- 

EVENING  SCHOOLS. 

Pp.  328,  329,  330,  331,  332. 

PINES. 

P.  162,  sec.  clx. 

FIRE  ESCAPES. 

P.  105,  sec.  cxi;  p.  107,  sec.  cxii;  p.  108,  sec.  cxiii. 

FIRE  PLUGS. 
T.  103,  sec.  cv. 


INDEX.  379 

FORMS. 

Bond   of  collector  of  school   tax,   p.   341. 
*   Warrant  to  collector  of  school  tax,  p.  343. 

Certificate  to  county  commissioners  for  non-payment 

of   school  tax  on  unseated  lands,  p.  344. 
Certificate  of  unpaid  balance  by  collector,   to  be  f.led 

in  the  prothonotary's  office,  p.   345. 
Bond   of   district   treasurer,   p.   346. 
Order  on   district  treasurer,   p.   347. 
Agreement  between  directors  and  teachers,  p.  348. 
Annual  statement  of  district  accounts,  p.  349. 
Notice    for    convention    of    school    directors  to  elect 

county  superintendent,   p.   350,  351. 
Certificate    of    election    of    county    superintendent,    p. 

352. 
Oath  of  office  of  county  superintendent,  p.  353. 
Application  for  permanent  certificate,  p.  353,  354,  355, 

356,  357. 
Application  for  State  normal  diploma,  p.  357,  358. 
Practical  teachers'   State  certificate,  p.  358,  359,  360. 

FREE  BOOKS. 

See  "Books  and  School  Supplies." 

GARB  OF  TEACHERS. 

P.  133,  sec.  exxxv,  exxxvi. 

GRADUATES  OF  COLLEGES. 

P.  260,  sec.  eclxvi;  p.  261,  sec.  eclxvii. 
HIGH  SCHOOLS  UNDER  ACT  OF  1895. 

High  schools  may  be  established,  p.  89,  sec.  lxxxviii. 

Course  of  instruction,  p.  89,  sec.  lxxxviii. 


380  INDEX. 

HIGH  SCHOOLS  UNDER  ACT  OF  1895— Continued. 
May  establish  joint  high  schools,  p.  89,  sec.  lxxxix. 
Divided  into  grades,  p.  90,  sec.  xc.  # 

Appropriations,  p.  91,  sec.  xci. 
Teachers,  p.  91,  sec.  xcii. 
Sworn  statement,  p.  92,  sec.  xciii. 
Supervision  of  high  schools,  p.  92,  sec.  xciv. 
Courses  of  study,  p.  93,  sec.  xcv. 
HIGH  SCHOOLS  IN  CITIES  AND  BOROUGHS  (1893). 

Pp.   82,    83,   84,    85,    86,    87,    88,    89. 
HOLIDAYS. 

P.    157,    sec.    civ,    clvi;    p.    160,    sec.    clvii;    p.    161,    sec. 
clviii,  clix,  note. 
HOMES  FOR  FRIENDLESS  CHILDREN. 

Pp.  323,  324,  325,  326,  327,  328. 
HOUSES. 

To  be  erected,  p.  94,  sec.  xcix;  p.  95,  d.  74;  p.  96,  d.  75, 

76;  p.  98,  d.  82. 
Must  provide  a  sufficient  number,  p.  48,  sec.  lvii;  p.  50, 

sec.  lviii. 
Location  of,  p.  95,  d.  74;  p.  96,  d.  75,  77;  p.  109,  sec.  e>iv; 

p.  Ill,  d.  89,  90,  91.     Note. 
Sites,  p.  109,  sec.  cxiv;  p.  Ill,  d.  89,  90,  91. 
Plans  for  buildings,  p.  98,  d.  82. 
Water  closets,  p.  101,  sec.  cii,  ciii;  p.  102,  d.  88. 
Fire  escapes,  p.  105,  sec.  cxi;  p.  107,  sec.  cxii. 
Care  and  control  of,  p.  98,  d.  83. 
To  be  used  for  school  purposes  only,  p.  99,  d.  84. 
Furniture  and  fuel  to  be  provided  for,  p.  94,  sec.  xcix; 
p.  100,  d.  87. 
INCOMPATIBILITY  OF  OFFICES. 
P.  44,  sec.  xlix. 


INDEX.  381 

INDEBTEDNESS. 

Pp.  113,  114,  115,  116,  117,  118,  119,  120. 

INSPECTOR. 

P.  48,  sec.  lvii;  p.  50,  sec.  lviii. 
INSTITUTES. 

County,  p.  245,  sec.  ccliii,  ccliv. 

To  be  called  by  county  superintendent  once  in  each 
year,  p.  245,  sec.  ccliii. 

Roll  of  members  to  be  kept,  p.  245,  sec.  ccliv. 

Appropriation  for,  p.  245,  sec.  ccliv. 

Compensation  of  teachers  for  attendance,  p.  247,  sec. 
cclv,  cclvi,  cclvii;  p.  248,  d.  179. 

Schools  to  be  closed,  p.  248,  sec.  cclvi. 

File  accounts  with  county  treasurer,  p.  250,  sec.  cclx. 

Vouchers  to  be  examined  by  auditors,  p.  250,  sec.  cclx. 

Report  of  institute  to  be  sent  to  State  Superintendent, 
p.  250,  sec.  cclxi,  d.  180. 

Cities  and  boroughs  having  not  less  than  fifty  teach- 
ers may  have  separate  institutes,  p.  249,  sec.  cclix. 
Note. 

LIABILITIES. 

See  "Indebtedness." 

LIBRARIES  DISTRICT  SCHOOL  ACT  OF  1864. 
How  established,  p.  313,  sec.  cccxviii. 
Board  to  receive  moneys,  p.  313,  sec.  cccxix. 
Ownership,  p.  314,  sec.  cccxx. 
Persons  entitled,  p.  315,  sec.  cccxxi. 
Rules  and  regulations,  p.  315,  sec.  cccxxii. 
Penalties,  p.  315,  sec.  cccxxii. 
Librarian,  p.  316,  sec.  cccxxiii. 


382  INDEX. 

LIBRARIES    DISTRICT    SCHOOL  ACT    OF  1864— Con- 
tinued. 
Duty  of  board,  p.  317,  sec.  cccxxiv. 
Selection  of  books,  p.  317,  sec.  cccxxiv. 
Legal  possession,  p.  318,  sec.  cccxxvi. 
Gifts  and  bequests,  p.  318,  sec.  cccxxvii. 

LIBRARIES,  FREE,  ACT  OF  1895. 

How  established,  p.  319,  sec.  cccxxviil. 

School  houses  may  be  used,  p.  320,  sec.  cccxxix. 

Building  may  be  purchased,  p.  320,  sec.  cccxxix. 

Levy  of  tax,  p.  320,  sec.  cccxxx. 

Trustees  of  library,  p.  321,  sec.  cfccxxxi. 

Powers  and  duties,  p.  321,  sec.  cccxxxi. 

Vacancy,  p.  321,  sec.  cccxxxi. 

Report,  p.  321,  sec.  cccxxxi. 

Under  State  Librarian,  p.  322,  sec.  cccxxxii. 

Gifts  and  endowment,  p.  322,  sec.  cccxxxiii. 

MEETINGS. 

When  to  be  held  and  business  to  be  transacted,  p.  G2, 
sec.  Ixvii;  p.  63,  d.  56,  57;  p.  64,  d.  58,  59;  p.  65,  d.  62. 

President  and  secretary  pro  tempore  may  b<i  ap- 
pointed, p.  61,  sec.  lxvi;  p.  62,  d.  55. 

Four  members  can  transact  any  business,  p.  63,  d.  57. 

Tie  vote  loses  the  question,  p.  65,  d.  61. 

Resolutions  should  be  put  in  writing,  p.  64,  d.  58. 

Stated  meetings,  p.  65,  sec.  lxviii. 

Special  meetings,  how  called,  p.  66,  sec.  lxix,  d.  C3,  64. 

MINIMUM  OCCUPATION  TAX. 

P.  174,  sec.  clxxi,  clxxii;  p.  175,  d.  144,  d.  145. 


INDEX.  383 

MONTH. 

Consist  of  twenty   days'   actual  teaching,  p.   157,   sec. 

civ;  p.  247,  sec.  cclvii. 
Schools  cannot  be  kept  open  on  Saturdays  or  during 
county  institute,  p.  157,  sec.  civ;  p.  248,  d.  179. 
NORMAL  SCHOOLS. 

State  divided  into  thirteen  normal  school  districts,  p. 

266,  sec.  cclxxii;  p.  267,  sec.  cclxxiii. 
Establishment  of  schools,  p.  268,  sec.  cclxxiv. 
Pecuniary  affairs  to  be  managed  by  a  board  of  trus- 
tees, p.  268,  sec.  cclxxv;  p.  269,  sec.  cclxxvi. 
Election    and    appointment     of    trustees,   p.   269,   sea 

cclxxvi,  cclxxvii;  p.  270,  sec.  cclxxviii,  cclxxix. 
Number  of  trustees  constituting  a  quorum,  p.  271,  sec. 

cclxxx,  cclxxxi,  cclxxxii. 
Appropriations,  how  distributed,  p.  272,  sec.  cclxxxiii. 
Indebtedness,  p.  273,  sec.  cclxxxiv,  cclxxxv;  p.  ?74,  sec. 

cclxxxvi,  cclxxxvii. 
State  liens,  p.  273,  sec.  cclxxxv;  p.  274,  sec.  cclxixvi, 

cclxxxvii. 
Gifts  and  bequests,  p.  274,  sec.  cclxxxviii. 
Trustees  to  make  annual  report  in  October  to  State 

Superintendent,  p.  275,  sec.  cclxxxix;  p.  276.    Note. 
Schools  open  to  the  visitation  of  the  State  Superin- 
tendent and  county  and  city  superintendents,  p.  275, 
sec.  cclxxxix;  p.  276.    Note. 
Buildings  and  grounds,  p.  276,  sec.  ccxc. 
Halls,  rooms,  etc.,  p.  276,  sec.  ccxc. 
Library,  p.  277,  sec.  ccxc. 

Professors,  p.  278,  sec.  ccxc;  p.  286,  d.  187.  188. 
Duties  of  principals,  p.  278,  sec.  ccxc. 


386  INDEX. 

PHYSIOLOGY    AND    HYGIENE. 

P.    232,    sec.    ccxlv;    p.    233,    sec.    ccxlvi;    p.    234,    sec. 
ccxlvii;  p.  234,  d.  159,  160,  161,  162;  p.  240,  sec.  celi. 

PRESIDENT   OF  BOARD   OF   DIRECTORS. 

Duties  of,  p."  53,  sec.  lxi;  p.  54,  d.  30,  31,  32;  p.  155,  sec. 

cliii. 
Appointment    of   pro   tempore,    p.    61,    sec.    Ixvi;   p.    62, 

d.   55. 
Refusal  to  call  special  meeting,  p.  66,  sec.  lxix. 

PUPILS. 

See    "Scholars." 

RELIGIOUS   GARB  BILL. 
See  "Garb  of  Teachers." 

RESIDENCE,  LEGAL. 

P.  42,  sec.  xlvii;  p.  43,  d.  18,  19;  p.  79,  d.  70,  71.  72.' 

REVENUES    FOR    SCHOOL    PURPOSES. 
P.  162,  sec.  clx. 

RULES   OF  ORDER. 

Pp.    337,    338,    339,    340,    341. 

SCHOLARS. 

Attendance  compulsory,  pp.  72,  73,  74,  75.  76,  77. 
Common    school    scholars,    age    of,    p.    68,    sec.    Ixxii; 

p.   78,   d.   65,   66. 
To    what    school    sent,    p.    148,    sec.    cxlvi;    p.    112,    sec. 

cxv,  d.  92;  p.  113,  d.  93,  94. 
Residence  to  be  in  district,  p.  79,  d.  6S.  69,  70. 


INDEX.  387 

SCHOLARS— Continued. 

Directors    must    determine    place    of    residence,    p.    su, 

d.  72. 
Admission  of,  p.  68,  sec.   lxxii. 
May  be  admitted   in  other  districts,   p.   112,   sec.   cxv, 

d.   92;  p.   113,  d.   93,   94. 
Expulsion    and    suspension    of,    p.    139,    sec.    cxxxviii; 

p.  144,   d.  110,  111. 
Deaf  mutes,   p.   93,   sec.  xcvi,   xcvii. 
Blind  children,  p.  94,  sec.  xcviii. 
Soldiers'  children,  p.  81,  sec.  lxxxv;  p.  82,   d.  73. 
Certain  children  not  allowed  to  attend  school,  p.  68, 

sec.  lxxiii;  p.  69,  sec.  lxxiv,  lxxv,  lxxvi,  lxx,vii. 

SCHOOL    BOOKS. 

See  "Books  and  School  Supplies." 

SCHOOL  CENSUS. 

P.  75,  sec.  lxxxi. 
SCHOOL  SUPPLIES. 

See  "Books  and  School  Supplies." 
SCHOOL    MONTH. 

See    "Month." 

SCHOOL  TAX. 
See    "Tax." 

SCHOOLS. 

Schools  in  cities  of  the  third  class  under  act  of  1874, 

pp.    199,    200,    201,    202,   203,    204,    205,    206,    207,    208,    209, 

210,  211. 
Joint  schools,   p.   94,   sec.   xcix;  p.  95,  sec.  c,   ci;   p.  99, 

d.  85,  S6. 


SSS  INDEX. 

SCHOOLS— Continued. 

Sufficient   number   of   common    schools    to    be    estab- 
lished, p.  68,  sec.  lxxii;  p.  78,  d.  65,  66,  67;  p.  48,  sec. 

Ivii;  p.  50,  sec.  lviii. 
No  distinction  on  account     of    race    or    color,    p.    152, 

sec.  cl;  p.  153,  sec.  cli. 
For  deaf  mutes,   p.   93,   sec.  xcvi,   xcvii. 
Blind  children,   p.   94,   sec.   xcviii. 
Night   schools,    pp.   328,   329,   330,   331,   332. 
.     High    schools    in    cities,    boroughs    having    over    five 

thousand  inhabitants,  p.   82,   sec.  lxxxvi;  pp.  83,  84, 

85,  86,  87,  88,  89. 
High  .schools,  act  of  1895,  p.  89,   sec.   lxxxviii,   lxxxix, 

::c.  ::ci,  xcii,  xciii,  xciv,  xcv. 
Graded  schools,  p.  148,  sec.  cxlvi,  d.  118,  119. 
Industrial  schools,  pp.  334,  335. 

Academies  and  colleges  to  report,  p.  298,  sec.  cccii. 
SCHOOL   JOURNAL. 

Official  organ,  p.   238,  sec.   ccl. 

To  be  furnished  each  district,  p.  238,  sec.   ccl,   d.  166; 

p.  239,  d.  167,  168,  169. 

SCHOOL  TERM. 
See  "Term." 

SCHOOL  TEAR. 

P.  155,  sec.  cliii. 
SECRETARY. 

Duties  of,  p.  54,  sec.  Ixii;  p.  55,  d.  33,  34;  p.  56,  d.   35, 

36,  37,  38,  39;  p.  57,  d.  40,  41. 
Make  annual   district  report,   p.   154,   sec.   clii;   p.   155, 
sec.   cliii. 


INDEX.  389 

SECRETARY— Continued. 

To    notify    county    superintendent    of   employment    of 

teachers,  p.  57,  sec.   Ixiii. 
Appointment     of     secretary   pro    tempore,    p.    61,    sec. 

Ixvi;  p.   62,   d.   55. 
To  send  address  of  officers  to   State   Superintendent, 
p.   55,   d.  33. 
SINKING    FUND. 

How  created,  p.  208,  sec.  ccxvii. 

SITES. 

P.   109,   sec.   cxiv;     p.   Ill,    d.   89,    90,    91;    pp.   96,   97,    d. 

77,    78. 

SOLDIERS'     CHILDREN. 

P.  81,  sec.  lxxxv;    p.  82,  d.  73. 

STATE  APPROPRIATION. 

See    "Appropriation." 

STATE    SUPERINTENDENT. 

To  be  appointed  by  the  Governor,  p.  211,  sec.  ccxix. 

Confirmed  by  the  Senate,  p.  211,  sec.  ccxix. 

Term  of  office  four  years,     p.  212,  d.  150. 

Duties  of,  p.  212,  sec.  ccxx;    p.  213,  sec.   ccxxi,  ccxxii; 

p.   214,   sec.   ccxxiii. 
To  decide  controversies  and  disputes  between  boards 

of  directors,  p.   213,  sec.  ccxxi. 
To  give  advice  and   explanations,   p.   213,  sec.   ccxxii. 
Sign    orders    for    State    appropriation,    p.     214,     sec. 

ccxxiii. 
To   prepare   and   distribute    blank   forms,    p.    216,    sec. 

ccxxvii. 


390  INDEX. 

STATE    SUPERINTENDENT— Continued. 

Issue    permanent    certificates,    p.    251,    sec.    cclxii;     p. 

255,   sec.    cclxiv. 
To    issue    State    teachers'    permanent    certificates    to 

college  graduates,  p.   260,   sec.  cclxvi. 
Commission    superintendents,    p.    233,    sec.    ccxxxviii. 
Appoint     trustees     of     normal     schools,    p.    270,     sec. 

cclxxviii,   cclxxix. 
Make  annual  report,  p.  216,  sec.   ecxxviii. 
Provide  seal,  p.  217,  sec.  ccxxix. 
Appoint  a  deputy,  p.  217,  sec.  ccxxix. 
Can     remove     county     superintendents,     p.    217,     sec. 

ccxxx;    p.  221,  sec.  ccxxxvii;    p.  237,  d.  165. 
Pill     vacancies    of    county    superintendents,     p.     217 

sec,   cxxx:    p.   236.   sec.   ccxlviii. 
Prescribe  forms  for  normal  schools,  p.   298,   sec.   ccci. 
Approve   rules   and    by-laws    of    boards     of     trustees, 

p.    271,    sec.    cclxxx. 
Issue     of     certificate     of     competency,     p.    223,     sec. 

ccxxxviii. 

STUDIES. 

See    "Branches. " 

SUITS. 

Py  and  against  districts,  p.  31,  sec.  xxxix. 

SUPPLIES. 

See   "Books  and   School   Supplies." 

TAX. 

Amount   of,   how  determined,   p.   164,   sec.  clxi.   d.   127. 
sec.    clxii;    p.    165,   d.   128,   130. 


INDEX.  391 

TAX— Continued. 

Requires   affirmative  votes  of  a  majority,    p.    67,    sec. 

lxx. 
Levy  and   apportionment  of,   p.   164,   sec.   clxii. 
School  tax,  when  to  be  levied,  p.  51,  sec.  lix;    p.  165, 

sec.   clxiii,   d.   128,   129,   131. 
When  collectors  may  deduct  five  per  cent.,  p.  187,  sec. 

cxcii. 
When   collectors  may  add   five  per  cent.,   p.   187,   sec. 

cxcii. 
Exonerations,  p.  186,  sec.  clxxxviii;    p.  191,  sec.  cc. 
Debt   of   former   years,   how   provided     for,   p.    167,    d. 

133. 
Amount  of,  limited,  p.  167,  d.  134;    p.  170.  d.  139,  140. 
Building-  tax,  p.  167,  sec.  clxiv:    p.  169,  d.  136,  137,  138; 

p.   175,    d.   144. 
How  taxes  applied,   p.   166,    d.   132,   133;  p.   168,   d.   135, 

136,  137,  138. 
Building  tax,  limited,  p.   170,   d.   139,  140. 
What  things  taxable,  p.  170,  sec.  clxv;    p.  171,  d.  141, 

142. 
Names  of  persons  omitted,  p.   171,   sec.   clxvi;    p.   172, 

d.   143. 
Kinds   of  school   tax,   p.   175,    d.   144. 
Limit  of  tax  on  trades,  professions  and  occupations, 

p.   174,   sec.    clxxi. 
Persons   taxable  on   trades,    professions   and    occupa- 
tions,  p.   174,   sec.   clxxii;    p.  176,   d.   145. 
Money  and   real   estate   in   hands   of   trustees,    p.   176, 

sec.    clxxiii. 


392  TNDEX. 

TAX— Continued. 

Mortgages,  judgments  and  recognizances,  p.  177,   sec. 

clxxiv. 
Churches,     hospitals,     universities,     &c,    p.    177,    sec. 

clxxv. 
Land  to  be  assessed  in  district  where  mansion  house 

is  situated,   when  township  lines  divide,  p.  178,  sec. 

clxxvi;    p.   179,  sec.   clxxvii,   d.   146. 
Unseated   lands,    p.    187,    sec.    cxc,   cxci,    cxcii;     p.   188, 

sec.    cxciii,   cxciv. 

TAXABLES. 

Basis  of  State  appropriations,   p.   214,   sec.   ccxxiv;    p. 

162,    sec.    126. 
Number  of  taxables  to  be  ascertained  by  the  county 

commissioners,  p.   214,   sec.   ccxxiv. 
Certified  list  to  be  sent  to  the  State  Superintendent, 

p.  214,  sec.  ccxxiv. 
When  to  be  forwarded,  p.   214,  sec.   ccxxiv. 
In  cases  of  commissioner's  neglect,  p.»  215,  sec.  ccxxv. 
How  errors  may  be  corrected,  p.  215,  sec.  ccxxvi. 
When  new  districts  have  been  formed,  p.  18,  sec.  xxi, 

xxii;    p.  19,  d.   8;    p.  19,  sec.  xxiv;    p.  21,   d.  9. 

TEACHERS. 

Qualifications  of,  p.  230,  sec.  ccxliii;  p.  231,  sec.  ccxliv; 

p.  232,  sec.    ccxlv;     p.    233,    sec.    ccxlvi;    p.   234,  sec. 

ccxlvii. 
To  be  appointed  by  directors,  p.  131,  sec.  cxxxiii;    p. 

132,  sec.  cxxxiv. 
Persons   who   use   intoxicating   drinks   as   a  beverage 

not  to  be  licensed,   p.   231,  sec.   ccxliv. 


IND3X.  393 

TEACHERS— Continued. 

Election  of  requires  affirmative  votes  of  a  majority  of 
the  board,  p.  67,  sec.  Ixx. 

To  have  an  agreement,  p.  134,  d.  95. 

The  certificate  a  good  guide,  p.  134,  d.  96,  97. 

May  be  elected  for  two  and  three  years,  p.  132,  sec. 
cxxxiv. 

Family,  political  or  church  influence  not  to  be  per- 
mitted, p.  135,  d.  98. 

Jurisdiction  over  pupils,  p.  135,  d.  99. 

To  be  impartial,  p.  136,  d.  100. 

Right  to  punish,  p.  137,  d.  101,  102. 

May  suspend  pupils,  p.  144,  d.  111. 

Dismissal  of  teachers,  p.  131,  sec.  cxxxiii;  p.  137,  d.  103, 
104,  105;  p.  67,  sec.  Ixx. 

To  make  monthly  reports,  p.  138,  sec.  cxxxvii;  p.  139, 
d.  106. 

Salary  to  draw  interest,  p.  150,  d.  123. 

To  report  absentees,  p.  76,  sec.  Ixxxii. 

To  close  schools  on  Saturdays  and  during  county  in- 
stitute, p.  157,  sec.  civ;  p.  248,  d.  179;  p.  248,  sec.  cclvi. 

To  attend  county  institutes,  p.  245,  sec.  ccliii,  ccliv; 
p.  247,  see.  cclv. 

Compensation  for  attending  institutes,  p.  247,  sec. 
cclv,  cclvi,  cclvii;  p.  248,  d.  179. 

TERM. 

Length  of,  p.  156,  sec.  cliv;  p.  164,  sec.  clxi,  d.   127;  p. 

235,  d.  163,  164. 
Requires  affirmative  votes  of  a  majority  of  board,  p. 

67,  sec.  Ixx. 


394  INDEX. 

TEXT  BOOKS. 

See  "Books  and  School  Supplies." 

TOWNSHIP  SUPERINTENDENTS. 
Pp.  262,  263,  264,  265,  266. 

TREASURER. 

Election  of,  p.  51,  sec.  lx. 

Bond,  duties  and  percentage,  p.  57,  sec.  lxiv;  p.  5S,  d. 

42. 
To  pay  orders,  p.  57,  sec.  lxiv,  d.  43,  44,  45,  46. 
To  pay  executions,  p.  32,  sec.  xl;  p.  59,  d.  47. 
Not  to  be  appointed  until  accounts  are  settled,  p.  57, 

sec.  lxiv;  p.  58,  d.  42;  p.  60,  d.  48;  p.  61,  sec.  lxv. 
Percentage    not    allowed    on    money    on    hand,    p.    60, 

d.  52. 
To  pay  interest  on  money  on  hand,  p.  61,  d.  53. 
To  receive  fines  for  drunkenness,  p.  162,  sec.  clx. 
Cannot  convert   school   funds   to   his   own  use,   p.   CI. 

d.  54. 
Accounts  to  be  settled  by  auditors,  p.  60,  d.  50. 

UNSEATED  LANDS. 
See  "Tax." 

VACCINATION. 
P.  69,  sec.  lxxiv. 

VACANCIES  IN  SCHOOL  BOARDS. 
P.  39,  sec.  xlvi;  pp.  40,  41,  42,  d.  16. 

WASTE   MATTER. 
P.  102,  sec.  civ. 


INDEX.  /  395 

WATER  CLOSETS. 

P.  101,  sec.  cii.  ciii;  p.  102,  d.  88. 

Waste  matter  to  he  removed,  p.  102,  sec.  civ. 
WATER  SUPPLY. 

Directors  may  contract  for,  p.  103,  sec.  cv. 

Payment  of  costs,  p.  103,  sec.  cvi,  cvii. 


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